Brown v. Carmichael

• Court: Georgia Supreme Court
• Writing for the Court: GILBERT
• Citation: Brown v. Carmichael, 152 Ga. 353, 110 S.E. 3 (Ga. 1921)
• Decision Date: 13 December 1921
• Docket Number: (Nos. 2548, 2549.)
• Parties: BROWN . v. CARMICHAEL et al. CARMICHAEL et al. v. BROWN.

152 Ga. 353

110 S.E. 3

BROWN .

v.CARMICHAEL et al.

CARMICHAEL et al.

v.BROWN.

(Nos. 2548, 2549.)

Supreme Court of Georgia.

Dec. 13, 1921.

(Syllabus by the Court.)

Error from Superior Court, Emanuel County; R. N. Hardeman, Judge.

Suit by J M. Brown against J. L. Carmlcha-el and others. Judgment for defendants, and plaintiff brings error, and defendants bring a cross-bill of exceptions. Judgment affirmed, and cross-bill of exceptions dismissed.

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. For 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 to Mrs. M. M. Carmichael. He also moved to amend the petition by alleging that Mrs. Carmichael was his sister; that in 1895, because of his want of capacity to manage the same, she took possession of the land involved, and managed and controlled the same for petitioner's benefit, and paid to him the rents and profits thereof; that the deed of December 19, 1902, by which petitioner conveyed the land to Mrs. Carmichael, was made because petitioner was Incapable of transacting business or managing his property, and in order that Mrs. Carmichael might keep and hold said land for his use and benefit, and to the end that the same could not be squandered by him; that said deed was void because petitioner was mentally incapable of making the same; but if the Instrument should be determined...