142 Ga. 385 | Ga. | 1914
(After stating the foregoing facts.) ■ The court did not err in granting the injunction complained of. No other court than one having equity jurisdiction could adequately dispose of all the interests involved. Whether or not the contention of the defendants is sound, that the deeds of Mrs. Sims conveying the land consisting of the tracts of 122 acres and 75 acres were inoperative as executor’s deeds, and that the deed of confirmation subsequently executed by Mrs. Amanda Sims and-her two children was also inoperative as to the children either as an actual conveyance or as estoppel, because of mental incapacity on the part of the children to execute a deed, may hereafter be determined if those questions become material. And the same may be remarked as to the question as to whether or not, in case the deed of Mrs. Amanda Sims was inoperative as an executor’s deed, the plaintiffs in the ejectment suits would be estopped from recovering the land sued for, the proceeds of which went to the payment of debts and were used for the benefit of the estate of Leonard Sims and of these defendants, who are the plaintiffs in the ejectment suits. But the defendants in this case are contending that the deeds of Mrs. Sims, in which are conveyed the two tracts of land now in controversy, are inoperative as executor’s deeds to pass title; and the question now is, whether those deeds can be given effect, as the individual deeds of Mrs. Sims, to pass the fee-simple interest which she took in the land as a tenant in common with her two daughters upon the death of her son, Absalom Sims. This son died before his mother, but subsequently to the execution of the two deeds which we have under consideration. At the time of the execution of the deed Mrs. Sifns had only a life-estate in a part of the lands belonging to the estate of Leonard Sims; and the deeds which she executed conveyed
While what we have said above'does not deal in detail with all of the specific questions raised, it covers the questions which are controlling in this case.
Judgment affirmed.