Dicken v. Johnson
Supreme Court of Georgia
In Equity, in Warren Superior Court. Tried before Judge Sayre, April Term, 1849. Vinson Johnson, in 1846, filed his bill in Warren Superior Court, alleging that on 30th December, 1831, he made a deed to certain land to James T. Dicken, and on the 4th February, 1832, he made a deed to certain negroes to Dicken, “ to be delivered” at the grantor’s death; that the deeds were obtained improperly and fraudulently, from the fact that complainant was at the time, from bodily and…
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In Equity, in Warren Superior Court. Tried before Judge Sayre, April Term, 1849. Vinson Johnson, in 1846, filed his bill in Warren Superior Court, alleging that on 30th December, 1831, he made a deed to certain land to James T. Dicken, and on the 4th February, 1832, he made a deed to certain negroes to Dicken, “ to be delivered” at the grantor’s death; that the deeds were obtained improperly and fraudulently, from the fact that complainant was at the time, from bodily and mental infirmity, wholly incapacitated to make a contract. The bill prayed that the deeds might be given up to be…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
[1.] There can be no doubt about the truth of the proposition stated in the first assignment of error. That proposition is, that a witness, (other than the subscribing witness or a physician,) called to prove the insanity of a testator or grantor, cannot give his opinion of his insanity, witho'ut stating facts or giving reasons for such-opinion. Two recent opinions of this Court have recognized this rule. Foster vs. Brooks, 6 Ga. Rep. 291, ’2, ’3. Potts et al. vs. House, 6 Ga. Rep. 324. It is a rule of evidence well settled. I shall not farther,…
2Cases cited6 opinions
- Potts v. HouseSupreme Court of Georgia · 1849
- Grant v. ThompsonSupreme Court of Connecticut · 1822
- Rice v. PeetNew York Supreme Court · 1818
- Foster v. BrooksSupreme Court of Georgia · 1849
- Jackson v. VarickNew York Supreme Court · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jones v. SmithSupreme Court of Georgia · 1949
- Mileham v. MontagneSupreme Court of Iowa · 1910
- Pantone v. PantoneSupreme Court of Georgia · 1950
- Lowe v. PueCourt of Appeals of Georgia · 1979
- Martin v. MartinSupreme Court of Georgia · 1938
20 more not listed; retrieve them via the Exa API.