Wellborn v. Johnson

Groves, Justice.

(After stating the foregoing facts.) The allegations of the petition were sufficient to set out a cause of action for cancellation of the deed based upon confidential relationship existing between the parties and allegations pertaining to fraud in the procurement of said deed. Jones v. Hogans, 197 Ga. 404 (29 S. E. 2d, 568).

Taking the allegations of the petition to be true, as must be done in considering general demurrers, the petition in both count 1 and count 2 set forth a cause of action, and it was not error to overrule the general demurrer thereto, Mullins v. Barrett, 203…