Collins v. Manley, 24390
| Decision Date | 22 November 1967 |
| Docket Number | No. 24390,24390 |
| Citation | 223 Ga. 816,158 S.E.2d 235 |
| Parties | Thomas J. COLLINS v. Florence P. MANLEY. |
| Court | Georgia Supreme Court |
Syllabus by the Court
No cause of action to cancel a deed on the ground of fraud in its procurement is stated where mere legal conclusions of fraud are alleged without facts upon which the conclusions are based.
Wallace, Wallace & Driebe, Howard P. Wallace, Jonesboro, for appellant.
Christopher & Futral, Claude Christopher, Griffin, S. T. Ellis, McDonough, for appellee.
The appeal is from a judgment sustaining general demurrers to a petition brought by Thomas J. Collins, appellant, against Mrs. Florence Price Manley, appellee, praying that an option to purchase or lease contract between the parties be specifically performed and the defendant be required to execute and deliver to the petitioner a deed to described land; that a quitclaim deed made to the defendant by the petitioner be canceled as a cloud on his title; that a warranty deed dated January 31, 1959 be reformed as a security deed; and for other and further relief.
It is practically impossible to determine what facts are alleged, as the allegations are vague and confusing. However, without attempting to clear up the confusion, a determination of whether there are allegations of fraud, in the procurement of the quitclaim deed from the petitioner to the defendant, sufficient to state a cause of action for cancellation, decides the case. The petitioner concedes in his brief that, unless the allegations of fraud in procurement of the quitclaim deed state a cause of action for cancellation, a cause of action for specific performance of the 'option or lease purchase contract' between him and the defendant is not stated and the court properly sustained the general demurrers.
So far as this petition alleges, the only interest the petitioner Collins had in the land at the time he executed the quitclaim deed was an option to purchase the property upon payment of $10,600 on or before February 1, 1962. The quitclaim deed was executed after the execution of the option on February 1, 1961, and delivered during May, 1961. Thus, if the quitclaim deed is valid and no cause of action for setting it aside is alleged, all interest of Collins in the land under the option agreement was divested by the quitclaim deed.
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...was fraudulent. G+H's allegation of fraudulent conveyances is so broad that it amounts to nothing. See generally Collins v. Manley, 223 Ga. 816, 817, 158 S.E.2d 235 (1967). In attempting to prove its overly broad allegation of fraud at trial, G+H lumped together hundreds of transactions and......
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...Sellers v. Johnson, 207 Ga. 644, 63 S.E.2d 904; Budget Charge Accounts, Inc. v. Peters, 213 Ga. 17, 96 S.E.2d 887; Collins v. Manley, 223 Ga. 816, 817, 158 S.E.2d 235. And see particularly Singer v. City of Cordele, 225 Ga. 323(2), 168 S.E.2d 138; Beckwith v. Peterson, 227 Ga. 403(1), 181 S......
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