Mullins v. Barrett

Atkinson, Justice.

(After stating the foregoing facts.) While a mere allegation of weakness of mind not amounting to imbecility is not sufficient to set forth a cause of action for cancellation of- a deed, there being no allegation of fraud or undue influence (compare Jones v. Hogans, 197 Ga. 404, 410 (4), 29 S. E. 2d, 568, and citations), nevertheless, where the mental weakness is pronounced, such as woiild prevent the grantor from understanding the nature of his act at the time the deed was executed, and especially where, as alleged in this case, such mental impairment is united with alleged…