Dunn v. Towle

Contrary to the holding in Division 2 of the majority’s opinion, I believe that this action was barred by the statute of limitations. My review of the record reveals nothing to support the conclusion on pages 5 and 6 of the majority opinion that “there is conflicting evidence as to the decedent’s mental acuity.” Even if such evidence existed, it would be relevant for tolling the statute based upon mental incapacity pursuant to OCGA § 9-3-90 and would not relate to the existence or nonexistence of fraud. In the instant case, as in Troup v. Troup, 248 Ga. 662 (285 SE2d 19) (1981), appellee did…