Smith v. Smith

Almand, Presiding Justice.

This is the second appearance of this case before this court. In 222 Ga. 694, a new trial was granted by reason of errors occurring on the trial.

Henry Smith, as administrator of his father’s estate, in his suit against his brother, Roscoe Smith, sought to set aside a deed purported to have been made by the intestate father conveying certain described real estate to the defendant and to recover mesne profits therefrom on the ground that the grantor was mentally incapable of making a deed at the time of its execution. At the February, 1967, term of Atkinson Superior…