Mayer v. Waterman
Supreme Court of Georgia
Equitable petition. Before Judge Mathews. Bibb superior court. January 26, 1920. The petition was brought by Henry and Emanuel Waterman against Mrs. Alice Mayer, executrix of the estate of Sam Mayor, and against N. M. Block, administrator of the estate of Henry Waterman Sr. Tt alleges that in April and May, 1915, Henry Waterman Sr., executed three warranty deeds conveying designated properties in the City of Macon and in Decatur County; that the recited considerations…
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Equitable petition. Before Judge Mathews. Bibb superior court. January 26, 1920. The petition was brought by Henry and Emanuel Waterman against Mrs. Alice Mayer, executrix of the estate of Sam Mayor, and against N. M. Block, administrator of the estate of Henry Waterman Sr. Tt alleges that in April and May, 1915, Henry Waterman Sr., executed three warranty deeds conveying designated properties in the City of Macon and in Decatur County; that the recited considerations aggregate $23,846.63, but the property conveyed was worth $70,000.00; that at the time the deeds were made Waterman was of…
1Opinion of the CourtGilbert, J.
1. The petition does not in terms allege that the grantor continued to be of unsound mind from the time the deed was executed until his death, but there is no special demurrer calling for this information. Nothing else appearing, it will be presumed that the state of mind existing at that time continued until his death in 1916. This fact is sufficient to show a reason why the grantor did not himself undertake to set aside and cancel the deed during his lifetime. Moreover, under the allegations of the petition, the grantee agreed to reconvey the property whenever he had been repaid, and the…
2Cases cited9 opinions
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- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Taylor v. ColleySupreme Court of Georgia · 1912
- Collier v. CollierSupreme Court of Georgia · 1912
- Chicora Fertilizer Co. v. DunanCourt of Appeals of Maryland · 1900
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3Cited by13 opinions
- Grant v. HartSupreme Court of Georgia · 1941
- Smith v. MerckSupreme Court of Georgia · 1950
- Wynne v. FisherSupreme Court of Georgia · 1923
- Mullins v. BarrettSupreme Court of Georgia · 1948
- Atlanta Banking & Savings Co. v. JohnsonSupreme Court of Georgia · 1934
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