The maker of a deed cannot subsequently claim adversely to his deed under a title acquired after the making thereof. He is estopped from denying his right to sell and convey the property treated in the deed.
History. Orig. Code 1863, § 2658; Code 1868, § 2657; Code 1873, § 2699; Code 1882, § 2699; Civil Code 1895, § 3609; Civil Code 1910, § 4189; Code 1933, § 29-111.
Law reviews.
For comment on Perkins v. Rhodes, 192 Ga. 331 , 15 S.E.2d 426 (1941), see 4 Ga. B.J. 41 (1941).
For comment criticizing Franks v. Sparks, 217 Ga. 117 , 121 S.E.2d 27 (1961), holding right of entry not alignable or assignable, see 24 Ga. B.J. 363 (1962).
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
§ 44-5-30. Requisites of Deed to Lands; Inquiry Into Consideration
§ 44-5-31. Requisites of Deed to Personalty; Necessity for Deed
§ 44-5-32. Requisites of Instruments Other Than Deeds
§ 44-5-34. Construction of Inconsistent Clauses in Deed; Ascertainment of Intention of Parties
§ 44-5-35. Apportionment of Price for Deficiency in Number of Acres; Rescission
§ 44-5-36. Purchaser’s Remedies for Loss of Land Due to Title Defect
§ 44-5-38. Effect of Recital in Deed of Receipt of Purchase Money
§ 44-5-39. Binding Effect of Covenants on Grantee Who Accepts Deed
§ 44-5-40. Conveyance of Future Interests or Estates
§ 44-5-41. Voidance and Ratification of Conveyance to or by a Minor
§ 44-5-42. Delivery of Deed to Third Party as Escrow; Possession as Proof of Delivery
§ 44-5-43. Effect of Adverse Possession on Making of Deed
§ 44-5-44. Estoppel From Claiming Adversely to Own Deed
§ 44-5-46. Establishment of Copy of Deed Upon Loss of Original; Effect of Copy
§ 44-5-47. Liability of Purchaser for Costs of Conveyance
§ 44-5-48. Deeds Conveying Interest in Real Property Used as Commercial Landfill