171 Ga. 715 | Ga. | 1931
In 1917 L. S.. Simpson executed to Annie Lee, Louis, N. C., and Ursula Simpson a deed conveying to them several hundred acres of land,, including the tract in question in this case. He continued in possession of all the property, so conveyed, and ye-turned same for taxes-each year thereafter until his death' in 1924. None of the grantees named in the deed ever yeturned any of this property until after- the death of the grantor. . On December 20, 1921, the tax-collector of. Camden County issued an execution against L. S. Simpson for State and county taxes for the year 1921, in 4he amount of $55.04, which execution was levied, December 5, 1922, by the sheriff of the county on the. land above referred to, which was duly advertised and sold on January 2, 1923, and bought by W. R; Simpson for one hundred dollars. R. E. Roddenberry, guardian, is the duly constituted guardian of the children of Annie Lee Simpson, deceased, one of the grantees in the deed from L. S. Simpson. On June 3, 1929, Roddenberry obtained from the court of ordinary of Camden County an order .for the sale of the one-fifth undivided interest of his wards in the April Wesley tract, and advertised the same for sale. W. R. Simpson filed a claim to the property; and at the trial, after all the evidence was submitted, the court directed'a verdict for the claimant. The guardian filed a motion for a new trial, which was overruled, .and he excepted.
The only question for decision in this case is, whether or not the sale of the property in question for taxes as the.property of the life-tenant conveyed the entire estate as against the remaindermen. The court below in-effect held that it did. While in certain decisions cited by counsel for defendant in error there is some language from which it might be inferred that the court’s ruling was a proper one, we find no direct ruling sustaining that view. If one who is in possession of land as life-tenant executes a deed conveying the entire estate to a named grantee, such a deed does not convey to the
Judgment reversed.