103 Ga. 324 | Ga. | 1898
By her petition the plaintiff alleges, that in 1883 she purchased and paid a large part of the purchase-money for certain lands situated in the city of Atlanta, and that title thereto was taken in the name of her fourteen-year old daughter, upon a verbal understanding and agreement with the latter that she and her daughter should own an undivided half-interest each in the lands so purchased, so long as both lived, and that upon the death of either, the survivor should own the whole of the property in fee simple; that both of them intended that said deeds should carry out said contract; that both ignorantly believed that the deeds, coupled with their understanding, carried out the said contract, and neither of them in fact knew or intended that the deeds as drawn should do aught else than carry out their said agreement; that neither of them in fact knew what terms were customary or proper in deeds, or what was in said deeds, and each relied on the scrivener to draw the same to carry out their agreement; that petitioner can neither read nor write, and she and her daughter were honestly mistaken as to the legal effect of said deeds at the time of their
Under the terms of the deeds, copies of which were attached as exhibits to the plaintiff’s petition, the title to the property in controversy was vested absolutely and solely in the plaintiff’s daughter. The plaintiff sets up a parol contract or agreement between the daughter and herself that under the deed the property was owned jointly by them. The verbal understanding.between them, as outlined by the plaintiff, amounted to no
It follows that the petition as framed in the present case stated no cause of action, and therefore the court committed no error in dismissing it on demurrer.
Judgment affirmed.