Rollins v. Davis

• Decision Date: 15 April 1895
• Citation: 96 Ga. 107,23 S.E. 392
• Parties: ROLLINS et al. v. DAVIS.
• Court: Georgia Supreme Court

23 S.E. 392

96 Ga. 107

ROLLINS et al.

v.DAVIS.

Supreme Court, of Georgia.

April 15, 1895.

Deed — Constructive Nature of Estate — Adverse Possession.

1. Where a father, in consideration of love and affection, conveyed to his children, by deed, certain described realty and personalty, "to have and to hold to the said [children, naming them], their heirs and assigns, * * * to their own proper use, benefit, and behoof the said children, after the support of [the grantor and his wife], their lifetime, " there being nothing in the deed charging upon the grantees any duty of furnishing the parents a support, or any specification of what the support was to consist, the effect of the deed, properly construed, was to reserve a life estate in the grantor and his wife, and the survivor of them, and vest a fee-simple title in the grantees as remainder-men after the death of both parents.

2. The remainder-men not being bound to sue until after the death of both life tenants, the statutes of prescription did not begin to run against them, and in favor of one holding under the grantor's widow, until after her death. (Syllabus by the Court)

Error from superior court, Paulding county; C. G. Janes, Judge.

Action by W. L. Rollins, administrator, and others, against Elbert Davis. Judgment for defendant, and plaintiff s bring error. Brought forward from the last term. Code, §§ 4271a-4271c. Reversed.

J. W. Moon, W. E. Spinks, and Arnold & Arnold, for plaintiffs in error.

McGregor & Camp, C. D. Phillips, and Bartlett & Washington, for defendant in error.

SIMMONS, C. J. John D. Turner and James G. P. Turner brought their action of complaint to the August term, 1892, of Paulding superior court, against Davis, for a half interest in a certain tract of land in that county. The plaintiffs claimed under a deed from their father, Daniel C. Turner, dated February 14, 1855. The defendant based his claim of title upon possession of the premises in dispute for more than seven years under deeds to the same from Nancy A. Turner, the wife of Daniel C, and from Rhoda Chappell (formerly Rhoda L. Turner), to one Pickett, dated December 8, 1881, and under conveyances from Pickett and others claiming under him, down to the defendant. It was agreed that, if the statute of limitations ran in favor of the defendant before the death of Nancy A. Turner (which occurred in 1892), the defendant had a good prescription title to the premises. The plaintiffs contended, however, that the deed from their father, upon which their claim of title was based, reserved to the grantor and his wife a life interest in the property, and that the interest conveyed to, the plaintiff was a vested remainder, which did not take effect until after the death of both parents, and, therefore, that the statute of limitations did not begin to run against them before the death of Nancy A. The court below ruled against this contention, and directed a verdict in favor of the defendant. This deed reads as follows: "State of Georgia, Paulding County. This indenture, made this the 15th of February, 1855, between Daniel C. Turner, of said county and state, of the one part, and John D. Turner, Wm. A. H. Turner, James G. P. Turner, Mary Jane Turner, and Rhoda L. F. Turner, children of the said Daniel C. Turner, of the same place, of the other part, witnesseth: That the said Daniel C. Turner, for and in consideration...