Dean v. Goings

Hutcheson, Justice.

1. The deed of an insane person not previously adjudged insane by a court of competent jurisdiction, and for whom no guardian has been appointed, is voidable after his death at the instance of his heirs at law, if there be no legal representative of said insane person. Code, § 20-206; Warren v. Federal Land Bank of Columbia, 157 Ga. 464 (3) (122 S. E. 40, 33 A. L. R. 45).

2. If the grantee in such deed have notice of the insanity of the grantor at the time of the execution and delivery of the deed, failure to make restitution or tender of restitution by the heirs at law of…