Legal Opinion

Dawson v. Briscoe

Supreme Court of Georgia

Decided February 7, 1896PublishedCited by 8 opinions

Complaint for land. Before Judge Clark. DeKalb superior court. February term, 1895. Dawson, as tbe only surviving heir at law of bis mother, Sarah Burdett, brought suit to recover certain land.

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Complaint for land. Before Judge Clark. DeKalb superior court. February term, 1895. Dawson, as tbe only surviving heir at law of bis mother, Sarah Burdett, brought suit to recover certain land. By amendment be prayed for tbe cancellation of certain deeds as fraudulent and void, alleging that be bad, in bis mother’s lifetime, bought and paid for tbe land and for a bouse built thereon, and had caused tbe title to be made to her; that afterwards, while she was sick, demented, mentally incapable of executing any deed or contract, under tbe influence and control of her daughter Cornelia Dawson…

1Opinion of the CourtSimmons, C. J.

1. A deed to realty of considerable value, though on its face purporting to be executed upon a nominal money consideration only, may be supported by evidence showing that the grantee was the grantor’s daughter, and that the real consideration was love and affection.

2. While, if practicable, the better practice would be to conceal from the jury trying a case the existence and contents of a. former verdict rendered in the same '-ase, a refusal to allow the verdict to be covered up by pasting over it a piece of paper-will not be cause for a new trial, when that verdict was in favor of the party…

2Cited by8 opinions

  1. Smalls v. StateSupreme Court of Georgia · 1898
  2. Hester v. GairdnerSupreme Court of Georgia · 1907
  3. Thompson v. CodySupreme Court of Georgia · 1897
  4. Cloud v. BagwellCourt of Appeals of Georgia · 1951
  5. Faust v. StateCourt of Appeals of Georgia · 1965

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