Morris v. Morris

• Decision Date: 20 December 1930
• Docket Number: 7888.
• Citation: 156 S.E. 256,171 Ga. 642
• Parties: MORRIS et al. v. MORRIS.
• Court: Georgia Supreme Court

156 S.E. 256

171 Ga. 642

MORRIS et al. v. MORRIS.

No. 7888.

Supreme Court of Georgia

December 20, 1930

Syllabus by Editorial Staff.

Whether deed has been delivered is jury question, unless proof is undisputed, demanding verdict for one party.

Presumption of delivery arising from attestation and registration of deed may be rebutted by evidence that maker retained possession of deed and continued to exercise ownership over land.

Rule precluding grantor from questioning validity of deed made to defraud creditors held inapplicable, where deed was not in fact delivered.

Error from Superior Court, Montgomery County; Eschol Graham, Judge.

Action by I. M. Morris against S. L. Morris and others. Judgment for plaintiff, and defendants bring error.

Affirmed.

Enoch J. Giles, of Lyons, for plaintiffs in error.

L. C. Underwood, of Mt. Vernon, and Saffold, Sharpe & Saffold, of Vidalia, for defendant in error.

Syllabus OPINION.

BECK, P.J.

1. Whether a deed has in fact been delivered is a question for the jury, unless the proof is so complete and undisputed that a verdict is demanded thereunder for one or the other party.

2. The presumption of delivery arising from the due attestation and registration of the deed may be rebutted by evidence tending to show that the maker of the deed retained the actual possession of it and continued to exercise actual ownership over the land therein described.

3. "The doctrine that the grantor in a deed made for the purpose of hindering, delaying, or defrauding his creditors, or one claiming in his right, cannot be heard to question the validity of such deed, does not apply where the deed was not in fact delivered." Lowry v. Lowry, 150 Ga. 324, 103 S.E. 813, 814.

4. There was some evidence to authorize the finding in favor of the plaintiff.

Judgement affirmed.

All the Justices concur.