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KIRBY v. JOHNSON

17490.

208 Ga. 190 (1951)

65 S.E.2d 811

KIRBY et al. v. JOHNSON.

Supreme Court of Georgia.

Decided July 9, 1951.

Attorney(s) appearing for the Case

Henry J. Fullbright Jr., and Karl C. Duffey Jr., for plaintiffs in error.

Davis & Davis, contra.

ATKINSON, Presiding Justice.

(After stating the foregoing facts.) Delivery of a deed conveying realty is essential to its validity. Code, § 29-101; Smith v. Smith, 202 Ga. 759 (1), (44 S.E.2d 486). Taking the allegations of the present petition to be true, as must be done in considering the general demurrer, the averment that the "petitioner has possession of such instrument of writing and has retained its possession since its execution" constitutes...

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