Bryant v. Bryant

Hall, Justice.

The determinative point in this suit by an administrator to cancel certain deeds by deceased alleged to have been procured by fraud, is that the trial court committed error by dismissing the complaint for failure to state a claim on the ground that the fraud had not been pleaded with the particularity required by Code Ann. § 81A-109(b).

Submitted December 29, 1975 Decided February 11, 1976. Eugene F. Edge, for appellant. Kenneth C. Fuller, for appellee.

This point is controlled by Cochran v. McCollum, 233 Ga. 104 (210 SE2d 13) (1974) in which we ruled (p. 105) that the principle…