Atlanta Banking & Savings Co. v. Johnson

ON MOTION ROE REHEARING.

Bell, J.

A motion for a rehearing was filed in behalf of the defendant in error, the administratrix, who was the plaintiff in the court below. The gist of the ruling made in this case was that in the circumstances stated in the petition the plaintiff could not obtain the equitable relief sought, without restoring the status quo, or offering to do so. The plaintiff made no tender and sought to excuse tender solely upon the ground that the consideration received by the intestate for the security deed had been dissipated by her, she being an insane person at the time of…