Legal Opinion

Darden v. Darden

Supreme Court of Georgia

Decided May 20, 1971No. 26495Published

1Opinion of the Court

Felton, Justice.

1. "'Where a deed, regular on its face, is attacked as invalid, the burden of proof rests on the person making such attack to establish the invalidity.’ . . 'In a suit to recover land and to cancel a deed as a cloud upon the plaintiff’s title, the burden is upon the plaintiff to make out such case as entitles him to the relief sought.’” Arrington v. Thompson, 211 Ga. 734, 737 (88 SE2d 402) and cit. The evidence shows that the property in question was conveyed to the mother prior to her husband’s death, by deeds of purchase regular on their face, by her husband and by her…

2Cases cited7 opinions

  1. Higgins v. TrenthamSupreme Court of Georgia · 1938
  2. Lunsford v. ArmourSupreme Court of Georgia · 1942
  3. Parker v. SpurlinSupreme Court of Georgia · 1971
  4. Arrington v. ThompsonSupreme Court of Georgia · 1955
  5. Tyson v. HutchinsonSupreme Court of Georgia · 1927

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