Thomas v. Lockwood
Supreme Court of Georgia
1Opinion of the Court
Bell, Chief Justice.
In Barlow v. Strange, 120 Ga. 1015 (48 S. E. 344), it was said, on authority of previous decisions, that, in order to avoid a contract on account of mental incapacity, there must be an entire loss of understanding. Also, in the more recent case of Higgins v. Trentham, 186 Ga. 264 (2) (197 S. E. 862), this court approved, as stating a- sound principle of law, an instruction that, “to establish incapacity in a grantor, he or she must have been shown to have been, at the'time the contract was made, non compose mentis, which means entirely without understanding.” See also Ison…
2Cases cited26 opinions
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Higgins v. TrenthamSupreme Court of Georgia · 1938
- Terry v. BuffingtonSupreme Court of Georgia · 1852
- DeNieff v. HowellSupreme Court of Georgia · 1912
- Hill v. DealSupreme Court of Georgia · 1937
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