Legal Opinion

Johnson v. Coleman

Supreme Court of Georgia

Decided June 29, 1910PublishedCited by 6 opinions

Equitable petition. Before Judge Peagati. Campbell superior court.

1Opinion of the CourtHolden, J.

1. Proof of weakness of mind not amounting to imbecility is not sufficient to warrant a jury in setting aside a contract, there being no proof of fraud or undue, influence. Nance v. Stockburger, 111 Ga. 821 (36 S. E. 100).

2. The evidence in this case was not sufficient to show a lack of mental capacity on the part of the grantor to make the deed which it is sought to set aside, nor weakness 'of mind on the part of the grantor, coupled with fraud or undue influence practiced upon him by the grantee, so as to avoid the deed; and the court committed no error in granting a nonsuit.

Judgment…

2Cases cited1 opinion

  1. Nance v. StockburgerSupreme Court of Georgia · 1900

3Cited by6 opinions

  1. Jones v. HogansSupreme Court of Georgia · 1944
  2. Sheppard v. BroomeSupreme Court of Georgia · 1959
  3. Hartley v. Marietta Nursery Co.Supreme Court of Georgia · 1912
  4. Hixon v. MyersSupreme Court of Georgia · 1915
  5. Jones v. HogansSupreme Court of Georgia · 1944

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