Hodges v. Libbey
Hodges v. Libbey
Opinion of the Court
Each of these cases involves an application by Gerald T. Hodges, in one as the administrator of the estate of Mrs. Ella Floyd, and in the other as administrator de bonis non cum testamento annexo of the estate of Miss Leila Floyd to sell described tracts of land as the property of said estates. In each case, Mrs. Miriam Hawkins Libbey filed a claim to the property. In case No. 26168, the claimant contended that she was the owner o£ the property therein involved by virtue of a deed executed to her by Mrs. Ella Floyd in November, 1932, and recorded December 6, 1955. In case No. 26169, the claimant based her ownership of the property on deeds executed to her by Miss Leila Floyd dated February 10, 1944, and August 1, 1947, and both recorded on December 6, 1955. The property here involved is the same property as that involved in Hodges v. Libbey, 224 Ga. 509 (162 SE2d 716) which was a proceeding by Hodges individually, and another as heirs at law of Mrs. Ella Floyd and of Miss Leila Floyd against Mrs. Libbey, the remaining heir at law of those deceased persons wherein it was sought to set aside the deeds here relied on by Mrs. Libbey in asserting her claim. This court held in that case that as "the grantors in the deeds are barred by laches, their privies, either in law, fact, or estate, have no greater right than the one with
Judgment affirmed in each case.
Reference
- Full Case Name
- HODGES v. LIBBEY HODGES v. LIBBEY
- Status
- Published