J. R. Wilson, Jr., as administrator of the estate of Johnson Brown filed a suit in the Superior Court of Fulton County against Artelia Brown whereby he prayed for judgment against her for $11,794.88 and for a judgment decreeing title in his intestate’s estate to certain described realty in Fulton County. His petition alleges: Johnson Brown died March 25, 1964. At the time of his death he had on deposit with Mutual Federal Savings & Loan Association of Atlanta $11,794.88. During his life he delivered his passbook to Mrs. Myrtice Stеwart, his agent, for safekeeping. About a week before his death, he instructed her to deliver it to his daughter, Artelia Brown, if he died before he changed his account in such savings and loan association. He made nо change in the account and after his death Mrs. Stewart delivered his passbook to the defendant and she withdrew his funds from the association and has refused on demand therefor to account to petitioner for them. The petition further alleges that Johnson Brown purchased a house and lot in Fulton County known as 1156 Hardee Street, N. E., on February 7, 1961, from W. C. Morrissett for a recited consideration of $10 and other valuable consideration and had him convey such property jointly to *274 him and his daughter, Artelia Brown, by a warranty deed; that decedent paid for said realty in full out of his own personal funds; that he did not intend for Artelia Brown to have any interest in such property; and that he had her name placed in the deed as one of the grantees only for homestead tax exemption purposes.
The defendant answered the petition and averred that she and her father Johnson Brown on November 16, 1960, opened an account with the Mutual Federal Savings & Loan Association and as evidence thereof a certificate of deposit was issued to them in the name оf “Johnson Brown and/or Artelia Brown” and since she survived her father, she was sole owner of the funds in the account and consequently had a right to withdraw them from the association. Further answering the petition, she averred that she and her father, Johnson Brown, purchased and jointly paid for the land involved and that her father later for a consideration of $10 conveyed his undivided half interest in such property to her by a warranty deed. She further averred that she was in actual possession of such property and had been since February 1961.
The defendant moved for a summary judgment in her favor on the grounds that there was no genuine issue of fact involved in the сase and that she was entitled to judgment as a matter of law. In support of her motion she presented to the court an affidavit by Hamilton Glover in which he deposed: He was an officer of Mutual Federal Savings & Lоan Association of Atlanta and as such officer had custody and control of its savings account records, including all of the instruments relating to account No. 08973 which was opened on November 16, 1960, in the name of “Jоhnson Brown and/or Artelia Brown,” and, as exhibits thereto, he attached photostatic copies of the application Johnson Brown and Artelia Brown made to the association for such share account; a certificate by the association for such share account; a certificate by the association showing that Johnson Brown and/or Artelia Brown held a savings account representing a share in thе association “subject to its charter and by-laws, the Rules and Regulations for the Federal Savings and Loan System, and the laws of the United States of America”; a passbook issued by the association to Johnson Brown and/or Artelia Brown on November 16, 1960, which shows that *275 Artelia Brown withdrew from such account $11,794.88 after the death of Johnson Brown; also an affidavit by the defendant Artelia Brown, in which she deposed: She and her father, Johnson Brown, jointly purchased the land involved from W. C. Morrissett on February 7, 1961, and that her father conveyed his undivided half interest in it to her on December 12, 1963, by a duly executed warranty deed; and also affidavits by Addie G. Barksdale, a notary public, Myrticе Stewart and C. E. Prothro, Sr. who testified they witnessed the signing and delivery of a warranty deed from Johnson Brown to Artelia Brown, his daughter, by which he conveyed to her his undivided half interest in the land here involved, and there is attached to the latter’s affidavit, as an exhibit, a photostatic copy of such deed. The plaintiff responded to defendant’s motion for judgment and presented to the court an affidavit by Hamilton Glover to which he likewise attаched as exhibits photostatic copies of all instruments relating to the account Johnson Brown and/or Artelia Brown had with the association, including orders withdrawing the balance due thereon by Artelia Brown. He alsо presented an affidavit by Elsie Mills in which she deposed: She was a daughter of Johnson Brown. Her father sold his home in Conyers, Ga., during 1960 for $18,000 and deposited the proceeds from such sale in Mutual Federal Savings & Loan Association of Atlanta in the names of Johnson Brown and/or Artelia Brown; that Artelia Brown owned no part of the funds deposited with the association nor did she thereafter add any funds to the account; and that her father had possession of his passbook at all times until his death. He also presented an affidavit from Myrtice Stewart in which she deposed: Pursuant to oral direction from Johnson Brown, she delivered the passbook which the assоciation had issued to him and/or Artelia Brown to the defendant after his death.
A summary judgment in favor of the defendant was granted and plaintiff excepted to that judgment and sued out a writ of error to this court. Held:
1. Under the provisiоns of an Act approved March 17, 1959 (Ga. L. 1959, p. 234), a party against whom a cause of action has been filed may at any time move with or without supporting affidavits for a summary judgment in his favor as to all or any part of such action, and the judgment shall be rendered forthwith if the pleadings, together with affi *276 davits and documentary evidence presented, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Code Ann. §§ 110-1202, 110-1204.
2. The common law doctrine of survivorship among joint tenants was abolished in this State by the Constitution of 1777.
Lowe v. Brooks,
3. The petition alleges that Johnson Brown and the defendant jointly acquired the realty here involved on Fеbruary 7, 1961, by a duly executed warranty deed, and defendant’s affidavits together with a photostatic copy of a warranty deed from Johnson Brown to the defendant which is attached *278 to one of them as an exhibit shows without dispute that defendant subsequently acquired the undivided one-half interest of the deceased in such realty and hence became the fee simple owner thereof. In these circumstances and since such deeds are not attacked on any ground as being void, we hold that the defendant was entitled to a summary judgment decreeing her to be the sole owner of such realty.
4. For the reasons stated in the three preceding divisions of this opinion, we hold that the trial judge did not err in rendering the judgment complained of.
Judgment affirmed.