Parker v. Ballard
Supreme Court of Georgia
Equitable petition. Before Judge Lewis. Jasper superior court. December 7, 1904. R. W. Ballard as administrator of S. R. Parker, deceased, filed an equitable petition against L. B. Parker, in the superior court of Jasper. county, seeking to recover certain land, and to have a deed made by the deceased to the defendant cancelled, on the grounds, that the deceased did not have mental capacity to make it, and that it was procured by undue influence.
Read the full summary
Equitable petition. Before Judge Lewis. Jasper superior court. December 7, 1904. R. W. Ballard as administrator of S. R. Parker, deceased, filed an equitable petition against L. B. Parker, in the superior court of Jasper. county, seeking to recover certain land, and to have a deed made by the deceased to the defendant cancelled, on the grounds, that the deceased did not have mental capacity to make it, and that it was procured by undue influence. By amend"ment the plaintiff alleged that the deed sought to be cancelled expressed a consideration of services rendered; that this was wholly…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1. The administrator of the grantor being the plaintiff in the proceeding to cancel the deed, the purported consideration of which was services rendered to the deceased by the defendant, the latter was an incompetent witness to testify that he and his children had rendered services to the deceased. The rendering of such services by him was a transaction between him and the deceased. Moreover, services rendered by his children were irrelevant except, in so far as they might be treated on the same basis as services., rendered by him, on the ground that he was entitled…
2Cited by5 opinions
- Nugent v. WatkinsSupreme Court of Georgia · 1907
- Wilkes v. GrooverSupreme Court of Georgia · 1912
- Taylor v. WarrenSupreme Court of Georgia · 1932
- Staton v. Exchange BankCourt of Appeals of Georgia · 1914
- Greenwood v. GreenwoodCourt of Appeals of Georgia · 1932