Ricketson v. Ricketson
Supreme Court of Georgia
Equitable petition. 'Before Judge Walker. Warren superior court. November 4, 1920. Saphronia A. Ricketson died on June 10, 1919. On the preceding afternoon she had executed a deed conveying to Virginia A. Ricketson (a sister) her half undivided interest in 270 acres of described land.
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Equitable petition. 'Before Judge Walker. Warren superior court. November 4, 1920. Saphronia A. Ricketson died on June 10, 1919. On the preceding afternoon she had executed a deed conveying to Virginia A. Ricketson (a sister) her half undivided interest in 270 acres of described land. An equitable petition was brought by R. E. Ricketson (a half brother of the grantor and grantee in the deed), praying that the deed be canceled, and that title to the real estate be decreed to be in the estate of Saphronia A. Ricketson. It was alleged that Saphronia died intestate; that the plaintiff was an heir…
1Opinion of the CourtGilbert, J.
1. The court instructed the jury as follows: “To establish incapacity of the grantor, Miss Saphronia Ricketson, she must be shown to have been, at the time of making the deed, non compos mentis in the legal acceptation of that term, which means not a partial but an entire loss of understanding. If Miss Saphronia Ricketson, the grantor in the deed now under investigation, had enough mind and reason to understand the nature of the consequences of her act in making the deed, she is to be considered sane. If she lacked that capacity, she is to be considered insane. Dnless the grantor, Miss…
2Cases cited4 opinions
- DeNieff v. HowellSupreme Court of Georgia · 1912
- Richardson v. AdamsSupreme Court of Georgia · 1900
- Smith v. McClureSupreme Court of Georgia · 1921
- Bryan v. BryanSupreme Court of Georgia · 1912
3Cited by10 opinions
- Griffin v. BarrettSupreme Court of Georgia · 1936
- Peavey v. CrawfordSupreme Court of Georgia · 1936
- Boland v. AycockSupreme Court of Georgia · 1940
- Cook v. WashingtonSupreme Court of Georgia · 1928
- Daniel v. EtheredgeSupreme Court of Georgia · 1944
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