Cooper v. Mims

Jenkins, Chief Justice.

1. When this case was previously before us (Mims v. Cooper, 203 Ga. 421, 46 S. E. 2d, 909), it was held that the original petition for cancellation of a deed, upon the ground of failure of consideration and the additional ground of fraud, failed, for the reasons set out in the opinion, to state a complete cause of action upon either ground. However, the petition did contain sufficient allegations of substance to authorize an amendment before the remittitur of this court had been made the judgment of the court below. It follows that the contention of the defendant…