Citation Numbers: 78 Ga. 459
Judges: Blandford
Filed Date: 4/29/1887
Status: Precedential
Modified Date: 1/12/2023
Thomas and Payton bought of one W elch a certain tract of land in the town of Albany. A deed was made by Welch to Thomas, as guardian for his children, to an undivided half interest in this tract of land; and Welch also made a deed to Payton, as trustee for his wife, to an undivided half interest in the same. It appears from the evidence that Thomas and Payton, before and at the time of the purchase of the land, had agreed upon a division of it between themselves. They paid the money individually. It does not appear that the money belonged to anybody but themselves. After the purchase was made and the deeds were taken, they executed deeds to each other, dividing the land as they had agreed to do prior to the purchase. Pay-ton put some improvements on the portion of the land assigned to him under this division between himself and Thomas. Then Thomas filed this petition for partition. Under these facts, it was left to the court to determine, and he dismissed the petition for partition; and that is the judgment complained of.
The court put his judgment on the ground that the deeds from Welch to Thomas and from Welch to Payton conveyed an absolute title to them, and did not convey title
Judgment affirmed.