Brown v. Carmichael
Supreme Court of Georgia
Equitable petition. Before Judge Hardeman. Emanuel superior court. March 10, 1921. This was ’a suit seeking cancellation of a deed made by the plaintiff to Mrs. M. M. Carmichael, wife of the defendant. The matter was before us on a previous occasion.
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Equitable petition. Before Judge Hardeman. Emanuel superior court. March 10, 1921. This was ’a suit seeking cancellation of a deed made by the plaintiff to Mrs. M. M. Carmichael, wife of the defendant. The matter was before us on a previous occasion. Eor a full statement of the pleadings as the case then stood, see Brown v. Carmichael, 149 Ga. 548 (101 S. E. 124). During the trial of the case the plaintiff moved to strike from his original petition the allegation that he did, in pursuance of the agreement (as set forth in the report of the case when previously here) deliver the land involved…
1Opinion of the CourtGilbert, J.
1. When considered in connection with the evidence in the case and the entire charge, it is not cause for a .new trial, that the eo-urt refused to give in charge to the jury the following, on written request duly presented: “ The ignorance by one party to a deed that the other party was insane when it was executed will not protect such grantee against an attack on such deed, if the grantor was of unsound mind when it was executed.
2. Eor the reason stated in the preceding headnote, it is not cause for a new trial that the court refused to give in charge to the jury the following, on written…
2Cases cited3 opinions
- McClure Realty & Investment Co. v. EubanksSupreme Court of Georgia · 1921
- Brown v. CarmichaelSupreme Court of Georgia · 1919
- Strickland v. Parlin & Orendorf Co.Supreme Court of Georgia · 1903
3Cited by7 opinions
- Robinson v. MurraySupreme Court of Georgia · 1944
- Pittman v. PittmanSupreme Court of Georgia · 1943
- McFadden v. DaleSupreme Court of Georgia · 1923
- Royal Indemnity Co. v. Agnew.Court of Appeals of Georgia · 1941
- Norfolk Southern Corp. v. SmithSupreme Court of Georgia · 1992
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