Legal Opinion

Hubbard v. Rutherford

Supreme Court of Georgia

Decided July 10, 1918No. 588PublishedCited by 20 opinions

Equitable petition. Before Judge Searcy. Monroe superior court. March 9, 1917.

1Opinion of the CourtGeorge, J.

1. In an action to cancel a deed on the grounds of mental incapacity of the grantor, and of undue influence exercised by the grantee, the opinion of a non-expert witness as to the grantor’s insanity, accompanied by the .reason for such opinion, may be given in evidence. The sufficiency of the reasons of the witness for his opinion is not a question for the court, but for the jury, in estimating the weight to which the opinion is entitled. Frizzell v. Reed, 77 Ga. 724 (5). Tested by the foregoing, the opinions of the non-expert witnesses, to the effect that the grantor was of unsound mind,…

2Cases cited4 opinions

  1. Frizzell v. ReedSupreme Court of Georgia · 1886
  2. Penn v. ThurmanSupreme Court of Georgia · 1915
  3. Dennis v. WeekesSupreme Court of Georgia · 1874
  4. Howell v. HowellSupreme Court of Georgia · 1873

3Cited by20 opinions

  1. Ginn v. MorganSupreme Court of Georgia · 1969
  2. Harrison v. TuggleSupreme Court of Georgia · 1969
  3. Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1941
  4. Dyar v. DyarSupreme Court of Georgia · 1926
  5. Jarrard v. StateSupreme Court of Georgia · 1949

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