Ferrence v. Lacy

Jordan, Judge.

1. The judgment of this court reversing the trial court’s refusal to dismiss the petition as barred by the statute of limitation (Ference v. Lacy, 113 Ga. App. 848 (149 SE2d 734)), has been vacated pursuant to the decision of the Supreme Court in Lacy v. Ferrence, 222 Ga. 635 (151 SE2d 763). The judgment of that court is made the judgment of this court. Accordingly, the petition shows a cause of action which, because of the alleged mental incapacity of plaintiff until December 1, 1963, was sufficient to withstand the defendant’s motion to dismiss.

2. While there is ample evidence…