Page v. Brown

Atkinson, Presiding Justice.

1. To the general rule that in order for a plaintiff to maintain an equitable petition to remove a cloud upon his title he must allege and prove possession in himself, “there are exceptions . . (1) in case of wild lands, and (2) where there is a distinct head of equity jurisdiction sufficient to support the action, as where deeds are obtained by fraud or other illegal means.” Mentone Hotel & Realty Co. v. Taylor, 161 Ga. 237 (130 S. E. 527); Simpson v. Kelley, 171 Ga. 523 (156 S. E. 198). Mental incapacity of the grantor to execute to the defendant the deed which…