Legal Opinion

Langston v. Langston

Supreme Court of Georgia

Decided October 19, 1917No. 144PublishedCited by 15 opinions

Equitable petition. Before Judge Hardeman. Chatham superior court. January 37, 1917. John C. Langston executed a deed to his son, John F. Langston, by which he relinquished to the latter all of the interest of the former in the estate of Mrs. Lillian Langston, deceased, the wife of the former, and the mother of the latter, “owned by her at the time of her death, as well as any other property that may come into her estate since her death.”

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Equitable petition. Before Judge Hardeman. Chatham superior court. January 37, 1917. John C. Langston executed a deed to his son, John F. Langston, by which he relinquished to the latter all of the interest of the former in the estate of Mrs. Lillian Langston, deceased, the wife of the former, and the mother of the latter, “owned by her at the time of her death, as well as any other property that may come into her estate since her death.” At the time of her death, in- addition to certain personal property, she owned a one-third interest of his wife in her father’s estate. The petition alleges…

1Opinion of the CourtGilbert, J.

(After stating the foregoing facts.) The plaintiff contends that had he known 1hat his wife possessed an interest of value in her father’s estate, he would not have executed the deed relinquishing his interest to his son; and therefore he insists that there was a mistake of fact material to the contract, on account of which a court of equity will afford relief to him. The defendant insists that there was no mistake of fact, but only the ignorance of a fact, and that a court of equity will not relieve on account of the latter. “Mistake relievable in equity is some unintentional act, or…

2Cases cited5 opinions

  1. Weaver v. RobersonSupreme Court of Georgia · 1910
  2. Mitchell v. MitchellSupreme Court of Georgia · 1869
  3. Wise v. BrooksMississippi Supreme Court · 1892
  4. Abbott v. DermottSupreme Court of Georgia · 1866
  5. Barnes v. PetersonSupreme Court of Georgia · 1911

3Cited by15 opinions

  1. Prince v. FriedmanSupreme Court of Georgia · 1947
  2. James v. TarpleySupreme Court of Georgia · 1952
  3. McCullough v. KirbySupreme Court of Georgia · 1949
  4. Steadham v. CobbSupreme Court of Georgia · 1938
  5. Orient Insurance Company v. DunlapSupreme Court of Georgia · 1941

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