Carnes v. Titshaw

Grice, Justice.

Whether an amended complaint seeking cancellation of deeds and other relief is sufficient to withstand a motion to dismiss is the question before us.

The litigation began when J. T. Carnes, as guardian for Clark Logan, filed suit in the Superior Court of Douglas County against Ray Golden Titshaw. That court held a cause of action was stated. This court reversed in Titshaw v. Carnes, 224 Ga. 67 (159 SE2d 420) (two Justices dissenting), where the relevant facts are set forth.

In that appearance we made two holdings that are pertinent here. One was that the complaint contained no…