125 Ga. 438 | Ga. | 1906
(After stating the foregoing facts.)
Another ground of the special demurrer was that the petition did not allege to whom the first deed was sent, what was the character of the deed, nor what interest it conveyed in the property. This objection was also well taken. The petition should have alleged what interest each of the parties named as grantees therein obtained under the deed, that is, what was the character of the estate conveyed to each. It also should have been distinctly alleged to whom the deedwas forwarded. The allegation is merely that it was “sent to Moultrie, Ga.” Whether it was sent to the defendants, or other persons, does not appear. It is alleged that the defendants caused the deed to be returned and destroyed, and a second deed made; but it is impossible to determine whether the sending of the deed to Moultrie was, under all the circumstances, a delivery of the deed to the plaintiff so as to make it a complete conveyance so far as he was
Judgment reversed.