Legal Opinion

Lindsey v. Lindsey

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 18 opinions

Charge of Court. Contracts. Equity. Before Judge Hansell. Berrien Superior Court. September Term, 1878. John Lindsey filed his bill against his son, Benj. F. Lindsey, alleging, in brief, as follows: In 1860 he was stricken with paralysis. It caused him much suffering, made his mind give way, and induced a fear that his property would all be lost because of his inability to attend to his business.

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Charge of Court. Contracts. Equity. Before Judge Hansell. Berrien Superior Court. September Term, 1878. John Lindsey filed his bill against his son, Benj. F. Lindsey, alleging, in brief, as follows: In 1860 he was stricken with paralysis. It caused him much suffering, made his mind give way, and induced a fear that his property would all be lost because of his inability to attend to his business. His mind was so feeble from disease and age, that he could not understand his business nor the nature and consequences of his actions, and, being much persuaded by his children and others, he was…

1Opinion of the Court

Jackson, Justice.

1. By reference to the report of the pleadings and facts of this case, it will be seen that .many errors are assigned upon charges and refusals to charge in regard to imbecility of mind in the grantor and undue influence exerted by his children upon him to make the deed to the grantee. We see no substantial error in any ruling complained of. In*550deed, few of them were pressed in argument before us as erroneous. The jury found that the father’s mind was strong enough to make the contract, the evidence abundantly sustains the finding, and the judge was right to uphold the verdict…

2Cases cited3 opinions

  1. Maddox v. Simmons & GriffinSupreme Court of Georgia · 1860
  2. Hunt v. Formby's GuardianSupreme Court of Georgia · 1871
  3. Orr v. BrownSupreme Court of Georgia · 1848

3Cited by18 opinions

  1. McCardle v. KennedySupreme Court of Georgia · 1893
  2. Dillard v. BrannanSupreme Court of Georgia · 1961
  3. Davis v. DavisSupreme Court of Georgia · 1910
  4. Mayor of Gainesville v. Brenau CollegeSupreme Court of Georgia · 1920
  5. Thompson v. LanfairSupreme Court of Georgia · 1907

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