96 Ga. 107 | Ga. | 1895
John D. Turner and James G. P. Turner brought their action of complaint to the August term, 1892, of Paulding superior court, against Davis, for a half-interest in a certain tract of land in that county. The plaintiffs claimed under a deed from their father, Daniel C. Turner, dated February 14,1855. The defendant based his claim of title upon possession of the premises in dispute for more than seven years under deeds to the same from Nancy A. Turner,the wife of Daniel C., and from Rhoda Chappell, formerly Rhoda L. Turner, to one Pickett, dated December 8, 1881, and under conveyances from Pickett and others claiming under him, down to the defendant. It was agreed that if the statute of limitations ran in favor of the defendant before the death of Nancy A. Turner, which occurred in 1892, the defendant had a good prescriptive title to the premises. The plaintiffs contended, however, that the deed from their father, upon which their claim of title was based, reserved to the grantor and his wife a life-interest in the property, and that the interest conveyed to the plaintiffs was a vested remainder which did not take effect until after the death of both parents, and therefore that the statute of limitations did not begin to run against them before the death of Nancy A. The court below ruled against this contention, and directed a verdict in favor of the defendant. This deed reads as follows :
“ State of Georgia, Paulding county.
“ This indenture, made this the 15th of February, 1855, between Daniel C. Turner of said county and State of the one part, and John D. Turner, Wm. A. II. Turner, James G. P. Turner, Mary Jane Turner and Rhody L. F. Turner, children of the said Daniel C. Turner, of*109 the same place, of the other part, witnesseth that the said Daniel C. Turner, for and in consideration of natural love and affection which he has and bears to his said children [naming them] hath given, granted and conveyed, and does by these presents give, grant and convey unto the said [children, naming them], his heirs and assigns, all that tract or parcel of land lying and being in the second district of said county [describing land], and also personal property [describing yokes of steers and household and kitchen furniture], to have and to hold said land and property mentioned above to the said John D. Turner, ¥m. A. H. Turner, James Gr. P. Turner, Mary Jane Turner and Rhody L. P. Turner, their heirs and assigns, together with all and singular the rights, members and appurtenances to the same in any manner belonging, to their own proper use, benefit and behoof, the said children, after the support of Daniel C. Turner and Nancy A. Turner their lifetime.”
Judgment reversed.
Cited for plaintiffs in error: Elphinstone on Interpretation of Deeds, p. 210; Shep. Touch. 74, 75; Co. Lit. 6a; Buckler’s case, 2 Rep. 55b; Berry v. Billings, 44 Maine, 423; Sumner v. Williams, 8 Mass. 162; Eort v. Flint, 40 Vt. 382; Manning v. Smith, 6 Conn. 292; Moss v. Sheldon, 3 W. & S. (Pa.) 162; Walters v. Bredan, 70 Pa. St. 237; Nightingale v. Hidden, 7 R. I. 118; Blair v. Osborne, 84 N. C. 417; Carson v. McCaslin, 60 Ind. 334; Code, §§2755, 2757, 2247, 2264; Watson v. Cressey,
Cited for defendant in error: Code, §2248; 80 Ga. 155-6; Id. 313, 314; 62 Ga. 546; 76 Ga. 169; 87 Ga. 235; 89 Ga. 142; 70 Ga. 800; 46 Ga. 9; 87 Ga. 235; 80 Ga. 63; 78 Ga. 148; 75 Ga. 169; 57 Ga. 484, 668; 15 Ga. 457; 23 N. E. Rep. 1090; 79 Ga. 515; 48 Ga. 329; Addison on Contracts, 972; Id. 176, note z; 73 Ga. 165, head-note 8; 63 Ga. 96; 72 Ga. 850; 79 Ga. 430; 77 Ga. 555; 67 Ga. 264.