Patterson v. Burns

• Decision Date: 13 May 1920
• Docket Number: 1780.
• Citation: 103 S.E. 241,150 Ga. 198
• Parties: PATTERSON ET AL. v. BURNS.
• Court: Georgia Supreme Court

103 S.E. 241

150 Ga. 198

PATTERSON ET AL. v. BURNS.

No. 1780.

Supreme Court of Georgia

May 13, 1920

Syllabus by the Court.

On March 12, 1861, Abraham Mincey conveyed a described parcel of land to Augustus M. Mincey in trust for the use and benefit of Celia Ann Patterson, daughter of the grantor and wife of John L. Patterson, for and during her life, "exempt from the marital rights of said John L. Patterson or any future husband Celia Ann Patterson may have, for her sole and separate use, and on her decease to said John L. Patterson. * * * To have and to hold the above-described property to him the said Augustus M. Mincey in trust for the said Celia Ann Patterson as above specified forever free from the debts liabilities, obligations, and contracts of the present or future husband of the said Celia Ann Patterson." On November 8, 1864, a warranty deed was executed in the body of which Celia Ann Patterson appeared as the only grantor, and in which she conveyed, in consideration of $3,000, the same land described in such trust deed to A. B. Riggs, his heirs and assigns, "to have and to hold the above-granted premises to the said A. B. Riggs, his heirs and assigns, in fee simple." The deed contained a general warranty. The instrument concluded as follows: "In testimony whereof the said Celia Ann Patterson has hereunto set her hand and seal. Celia Ann Patterson. [L. S.] John L. Patterson. Augustus Mincey, Trustee. Signed, sealed, and delivered in presence of: John Buie, J. P. Abraham his X mark Mincey." United States internal revenue stamps were affixed.

Celia Ann Patterson died on December 6, 1913. Afterwards J. D Patterson et al., as heirs at law of John L. Patterson deceased, brought an action to recover the portion of the land aforementioned, against J. D. Burns, who claimed under successive deeds from A. B. Riggs, the grantee in the last deed above referred to. Held:

"A deed to lands in this state must be in writing, signed by the maker, attested by at least two witnesses, and delivered to the purchaser, or some one for him, and be made on a valuable or good consideration." Civil Code § 4179. "No prescribed form is essential to the validity of a deed to lands or personalty. If sufficient in itself to make known the transaction between the parties, no want of form will invalidate it." Section 4182. "One who signs, seals, and delivers a deed, though not named therein as a grantor, is still bound as a grantor, and the deed is operative as a conveyance of his estate." Sterling v. Park, 129 Ga. 309, 58 S.E. 828, 13 L.R.A. (N. S.) 298, 121 Am.St.Rep. 224, 12 Ann.Cas. 201. The material facts in that case were similar to those in the present case, except here it does not appear that any seal or scroll followed the name of John L. Patterson, the

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