56 Ga. 9 | Ga. | 1876
This was an action of ejectment brought by the plaintiffs against the defendants, to recover the west half of a certain described city lot in the city of Columbus. On the trial of the case, the jury, under the charge of the court, found a verdict for the plaintiffs for three-fourths of the premises in dispute, and $267 00 for mesne profits. The only question made here, was as to the proper construction to be given to the deed under which the plaintiffs claimed title.
It appears from the evidence in the record, that on the 29th of November, 1854, Hicks, in consideration of the sum of $800 00, conveyed the lot in dispute to Barber, as trustee for Mary Persons, wife of Malcolm Persons, “ for the use, benefit and advantage, and in trust for the said Mary Persons, the children she now has, and those she may hereafter have by her present husband, free from the control, or disposition of her present or future husband. To have and to hold the said bargained premises. unto the said Barber, trustee, for said Mary Persons, her heirs, and assigns, to her and their own proper benefit and behoof forever in fee simple.” It was also proven at the trial, that the three plaintiffs were the children of Malcolm and Mary Persons, and that the oldest child was twenty-seven years of age. The court charged the jtury “ that under the deed from Hicks to Barber, trustee, for Mary Persons, the said Mary Persons was a tenant in common with her children, and if the jury believe from the «evidence, that the said Mary Persons had three children living, then the interest of said Mary Persons in said premises, was one-fourth undivided interest.” To which charge defendants excepted, and assigns the same as error.
It is insisted for the plaintiffs in error that Mrs. Persons took an absolute fee simple estate in the premises in dispute, under the deed of the 29th of November, 1854, and not a joint estate with her children as tenants in common. In our judgment, the deed from Hicks conveyed the premises in dispute to Barber, to hold the sanie in trust for the use, benefit
Let the judgment of the court below be affirmed.