92 Ga. 198 | Ga. | 1893
1. Mrs. Champion made a deed to her brother, McCardle, the consideration expressed therein being one thousand dollars. The real consideration, however, seems to have been an agreement by McCardle to support her during her life. This deed was made in 1865. McCardle died in 1874. In 1887 Mrs. Champion conveyed the same land to her sister-in-law, Mrs. Mary McCardle, wife of another brother, stating in the deed that the first conveyance was void because the grantee had failed to maintain and support her according to the contract. After her death, the children of the first grantee brought an action for the land, and the grantee under the second deed claimed the land under that conveyance.
When a person conveys land to another for a valuable consideration, the title passes out of him into his grantee; and if the grantee fails to pay the purchase money, or to comply with his contract, the grantor has
2. The evidence warranted the verdict, and the newly discovered evidence could not properly change the result. Judgment affirmed.