Pye v. Pye
Supreme Court of Georgia
Action to cancel deed. Before Judge Lewis. Jasper superior court. April 20, 1908. Charles A. Pye, by his next friend, J. E, Pye, brought suit against T. W. Pye to cancel a deed to the defendant, dated January 2, 19.06, to 100 acres of land, on the ground that the maker, Charles A. Pye, at the time of the execution of the deed was non compos mentis, and, in the language of the petition, that “he did not possess then, nor does he possess now, the mental capacity to make a…
Read the full summary
Action to cancel deed. Before Judge Lewis. Jasper superior court. April 20, 1908. Charles A. Pye, by his next friend, J. E, Pye, brought suit against T. W. Pye to cancel a deed to the defendant, dated January 2, 19.06, to 100 acres of land, on the ground that the maker, Charles A. Pye, at the time of the execution of the deed was non compos mentis, and, in the language of the petition, that “he did not possess then, nor does he possess now, the mental capacity to make a deed.” The consideration expressed in the deed was $500, which the petition alleged “was entirely fictitious, and that in…
1Opinion of the CourtFish, C. J.
1. One of the grounds of the motion for a new trial is, that, after charging the jury as follows: “Great inadequacy in price, joined with great disparity of mental ability in the contracting of a bargain, may justify equity in setting aside a contract,” the court'committed error in immediately adding thereto the following, “provided the jury from such facts and all of the proven facts in the case conclude there was fraud practiced by wrong and undue influence on the maker of the deed by the gran-*249lee, thereby causing him to do what does not express his real wish, but the wish of the grantee.”…
2Cases cited1 opinion
- Pickens v. StateSupreme Court of Georgia · 1909
3Cited by18 opinions
- Leonard v. MaxwellSupreme Court of North Carolina · 1939
- Mitchell v. Schofield's Sons Co.Court of Appeals of Georgia · 1915
- Benton v. TurkSupreme Court of Georgia · 1939
- Central of Georgia Railway Co. v. DumasCourt of Appeals of Georgia · 1931
- Swofford v. GlazeSupreme Court of Georgia · 1951
13 more not listed; retrieve them via the Exa API.