Brown v. Carmichael
Supreme Court of Georgia
Equitable petition. Before Judge Hardeman. Emanuel superior court. April 15, 1919. James M. Brown filed his petition against J. L. Carmichael, praying for cancellation of a certain deed, and for other relief: The petition alleged, in substance, as follows: J. L. Carmichael’ was in possession of a certain tract of land containing 864 y2 acres.
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Equitable petition. Before Judge Hardeman. Emanuel superior court. April 15, 1919. James M. Brown filed his petition against J. L. Carmichael, praying for cancellation of a certain deed, and for other relief: The petition alleged, in substance, as follows: J. L. Carmichael’ was in possession of a certain tract of land containing 864 y2 acres. During and prior to the years 1903 he became involved in debt in an amount exceeding $3,000, which he was unable to pay without a sacrifice of some of his property. In this condition Mrs. M. M. McLeod, afterwards Mrs. M. M. Carmichael, the wife of the…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. Under the foregoing statement of facts there is but one ground upon which the plaintiff can legally stand; and that is, that at the time he executed the absolute deed to Mrs. Carmichael and delivered possession of the land to her, he was non compos mentis— “incapable of that strength of mind and reason equal to a clear and full understanding of his act in making a contract,”' — in other words, that he was afflicted with an entire loss of understanding, and for that reason the deed was invalid. For, if he was compos mentis and gave up possession of the…
2Cases cited5 opinions
- Frizzell v. ReedSupreme Court of Georgia · 1886
- Maddox v. Simmons & GriffinSupreme Court of Georgia · 1860
- Barlow v. StrangeSupreme Court of Georgia · 1904
- Nance v. StockburgerSupreme Court of Georgia · 1900
- Wilkes v. CarterSupreme Court of Georgia · 1919
3Cited by12 opinions
- Morris v. MobleySupreme Court of Georgia · 1930
- Pittman v. PittmanSupreme Court of Georgia · 1943
- Taylor v. WarrenSupreme Court of Georgia · 1932
- Mayer v. WatermanSupreme Court of Georgia · 1920
- Hutchinson v. KingSupreme Court of Georgia · 1941
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