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145 Ga. 851

LaPierre v. Martin

Supreme Court of Georgia

Decided September 21, 1916

Supreme Court of Georgia · decided 1916-09-21

<p>Petition to cancel deed. Before Judge Pendleton. Eulton superior court. May 31, 1915.</p>

Relies on Latham v. Inman

Decided 1916-09-21

Per Curiam.

¶11. Remaindermen, whose estate is vested subject to divestiture upon their death before the life-tenant, can not, during the existence of the precedent life-estate, maintain a suit to cancel a deed executed by the life-tenant individually and also as their trustee, purporting to convey the estate in solido. Latham v. Inman, 88 Ga. 505 (15 S. E. 8).

¶22. Eor the foregoing reason the court did not err in sustaining the general demurrer to the petition.

¶3Judgment affirmed.

All the Justices concur, except Gilbert, J., not presiding.
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