2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 2 - Conveyances
§ 44-5-44. Estoppel From Claiming Adversely to Own Deed
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.
(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).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Applicability
- Illustrative Cases
RESEARCH REFERENCES
ALR.
- Tender of deed as condition precedent to action for purchase price or on note therefor, 35 A.L.R. 108.
Failure to record or delay in recording an instrument affecting real property as basis of estoppel in favor of credit not directly within protection of recording acts, 52 A.L.R. 183.
Rule of estoppel by conveyance or transfer to set up title subsequently acquired by grantor or transferrer as applicable to conveyance or transfer by executor, administrator, or testament trustee, 93 A.L.R. 231.
Grantor's continued possession of land after execution of deed as notice of his claim adverse to title conveyed, 105 A.L.R. 845.
Estoppel of wife (or her privies) who joins in husband's deed or mortgage to assert title or interest, other than dower homestead rights, superior to that of grantee or mortgagee, 107 A.L.R. 309.
Nature of conveyance or covenants which will create estoppel to assert after-acquired title in real property, 144 A.L.R. 554.
Estoppel of oil and gas lessee to deny lessor's title, 87 A.L.R.2d 602.
