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Harper v. Paradise

Supreme Court of Georgia
210 S.E.2d 710 (1974)


Facts

In 1922, Susan Harper granted to her daughter-in-law, Maude Harper, a life estate in a farm, with the remainder to go to Maude’s children upon Maude’s death. (The deed conveying this interest was misplaced, and was not found again until 1957, at which point it was recorded.) Susan died sometime between 1925 and 1927. In 1928, Susan’s legal heirs executed a document which both acknowledged that the deed from Susan to Maude had been misplaced and conveyed to Maude their interest in the property. This conveyance was recorded in 1928. Maude then used the property to secure a loan from Ella Thornton. When Maude defaulted on that loan, Thornton foreclosed on the property and received a sheriff’s deed executed and recorded in 1936. Title to the property continued to pass until it reached Lincoln and William Paradise in 1955. Maude died in 1972. Maude’s children (the remaindermen from the 1922 conveyance) and the Paradises both claimed rights to the farm. The trial court granted a directed verdict to the Paradises, and denied a directed verdict to the Harper children. The Harper children appealed.

Rule of Law

Issue

Holding and Reasoning (Ingram, J.)

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