108 Ga. 655 | Ga. | 1899
On December 1, 1869, Richard Huff executed a deed to G. W. Bolton as trustee for James M. Huff, by which
The rule which governs this question, as laid down in 2 Devlin on Deeds, §976, citing a large number of authorities, is: “Aside from the question of a reformation of a deed in cases where clauses have been omitted by mistake, it is certain that in an action to recover property conveyed by <jleed, on the ground that a condition on which it was made has not been performed, the deed must speak for itself, and a condition can not be em grafted on a deed absolute in form by parol evidence.” And as was said in the case of Slocum v. Bracy, 55 Minn. 249, “No rule of law is better settled than that where a deed has been executed and accepted as performance of an executory contract to convey real estate, the contract is functus officio,, and the rights of the parties rest thereafter solely on the deed.” It is
Judgment affirmed.