Walker v. Hunter
Supreme Court of Georgia
In Equity, from Twiggs county. Decision on demurrer, by Judge Lamar, at September Term, 1858. This was a bill in equity, filed by William Hunter and others, heirs at law of Charles Hunter, deceased, against Charles Walker and David S. Walker.
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In Equity, from Twiggs county. Decision on demurrer, by Judge Lamar, at September Term, 1858. This was a bill in equity, filed by William Hunter and others, heirs at law of Charles Hunter, deceased, against Charles Walker and David S. Walker. The bill states, that one William Hunter, by his last will and testament, devised and bequeathed to Charles Hunter, an aged and imbecile brother, and who was living with him at the time of his death, among other things, a valuable tract of land, containing about twelve hundred acres, lying in the county of Twiggs, and An which the two brothers resided.…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Was the Court below right, in overruling the demurrer? We think so. If the bill be true, the deed was procured without consideration, and by undue influence; and a deed so procured, is fraudulent and void. The demurrer admits the bill to be true, and therefore, admits the deed to be fraudulent and void.
Equity has jurisdiction to com pel the cancellation of such *339a deed, for a cancellation of it, is the only complete and adequate relief against it., As long as it remains uncancelled, it can be used as an instrument to annoy — at least, it is a cloud…
2Cases cited1 opinion
- Bond v. WatsonSupreme Court of Georgia · 1857
3Cited by3 opinions
- Gilmore v. HuntSupreme Court of Georgia · 1911
- King v. KingSupreme Court of Georgia · 1969
- Moses v. WatsonSupreme Court of Georgia · 1880