Legal Opinion

Hixon v. Myers

Supreme Court of Georgia

Decided December 17, 1915PublishedCited by 6 opinions

Equitable petition. Before Judge Wright. Walker superior court. October 22, 1914. On the 8th day of October, 1909, a deed was executed, the caption of which recited that it was made by James Hixon as party of the first part, and John B. Hixon and William Hixon, sons of the grantor, as parties of the' second part.

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Equitable petition. Before Judge Wright. Walker superior court. October 22, 1914. On the 8th day of October, 1909, a deed was executed, the caption of which recited that it was made by James Hixon as party of the first part, and John B. Hixon and William Hixon, sons of the grantor, as parties of the' second part. It proceeded as follows: “Witnesseth that the said party of the first part, for and in consideration of the sum of three thousand dollars and natural love and affection in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged,…

1Opinion of the CourtAtkinson, J.

1. While being examined as a witness for the plaintiff, the following question was propounded to Mrs. Mary T. Milligan: “From what you saw then and heard, these things you have told and that you saw and heard, did you believe he was sane, that his mind was normal, and that he knew all about what he was doing and wanted to do at the time; or was his mind off? ” The answer was, “He was off.” This was objected to on the ground that it was incompetent, because the witness, a non-expert, had not been asked any questions which would form the basis of any opinion as to the sanity of insanity of the…

2Cases cited7 opinions

  1. DeNieff v. HowellSupreme Court of Georgia · 1912
  2. Frizzell v. ReedSupreme Court of Georgia · 1886
  3. Strickland v. StateSupreme Court of Georgia · 1911
  4. Causey v. Wiley, Banks & Co.Supreme Court of Georgia · 1859
  5. Dunn v. EvansSupreme Court of Georgia · 1913

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3Cited by6 opinions

  1. Dixie-Ohio Express, Inc. v. BrackettCourt of Appeals of Georgia · 1962
  2. Crutchfield v. McCallieSupreme Court of Georgia · 1939
  3. Smoot v. AlexanderSupreme Court of Georgia · 1941
  4. Gulf Life Insurance Co. v. WilsonCourt of Appeals of Georgia · 1971
  5. Whitener v. StateCourt of Appeals of Georgia · 1929

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