Burroughs v. Reed
Supreme Court of Georgia
Equitable petition. .Before Judge Graham. Glynn superior court. January 13, 1920. Lizzie Davis brought an equitable petition against Ella Eeed, to cancel certaili deeds which had been executed by one Doe Saunders in his lifetime to Ella Eeed, on the ground of undue influence exerted by Ella Eeed over Doc Saunders, and on the further ground of-mental incapacity on the part of the grantor-in said deeds to contract at the date of their execution.
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Equitable petition. .Before Judge Graham. Glynn superior court. January 13, 1920. Lizzie Davis brought an equitable petition against Ella Eeed, to cancel certaili deeds which had been executed by one Doe Saunders in his lifetime to Ella Eeed, on the ground of undue influence exerted by Ella Eeed over Doc Saunders, and on the further ground of-mental incapacity on the part of the grantor-in said deeds to contract at the date of their execution. The suit was also to recover possession of the premises conveyed by the grantor. On the call of the case the defendant insisted on her demurrer to the…
1Opinion of the Court
Hill, J..1. A careful examination of the evidence discloses that there is no evidence of mental incapacity on the part of the grantor at the time of the execution of the deeds. The nearest approach to it was by the evidence of the husband, of the plaintiff, who testified that the grantor’s “mind seemed to come and go. He could not remember what had been said to him.” Other evidence, both for the plaintiff and the defendant, was to the effect that the grantor was a man about seventy-five years of age and that he was “in Ms right mind.” His physician also testified that “his mind was as sound…
2Cases cited3 opinions
- Potts v. HouseSupreme Court of Georgia · 1849
- DeNieff v. HowellSupreme Court of Georgia · 1912
- Bohler v. HicksSupreme Court of Georgia · 1904
3Cited by20 opinions
- Western & Atlantic Railroad v. HughesSupreme Court of the United States · 1929
- Hill v. DealSupreme Court of Georgia · 1937
- Griffin v. BarrettSupreme Court of Georgia · 1936
- Tidwell v. CritzSupreme Court of Georgia · 1981
- Peavey v. CrawfordSupreme Court of Georgia · 1936
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