Johnson v. Coleman

• Decision Date: 29 June 1910
• Parties: JOHNSON et al. v. COLEMAN et al.
• Court: Georgia Supreme Court

68 S.E. 480

134 Ga. 696

JOHNSON et al.

v.COLEMAN et al.

Supreme Court of Georgia.

June 29, 1910.

(Syllabus by the Court.)

Deeds (§§ 68, 78^*)—Validity—Weakness of Mind.

Proof of weakness of mind, not amounting to imbecility, is not sufficient to warrant a jury in setting aside a contract; there being no proof of fraud or undue influence. Nance v. Stockburger, 111 Ga. 821, 36 S. E. 100.

(a) The evidence in this case was not sufficient to show a lack of mental capacity on the part of the grantor to make the deed which it is sought to set aside, nor weakness of mind on the part of the grantor, coupled with fraud or undue influence practiced upon him by the grantee, so as to avoid the deed, and the court committed no error in granting a nonsuit.

[Ed. Note.—For other cases, see Deeds, Cent. Dig. §§ 149-155, 648; Dec. Dig. §§ 68, 78.*]

Error from Superior Court, Campbell County; E. J. Reagan, Judge.

Action by M. L. Johnson and others against W. J. Coleman and others. Judgment for defendants, and plaintiffs bring error. Affirmed.

J. F. Golightly, for plaintiffs in error.

J. S. James, for defendants in error.

HOLDEN, J. Judgment affirmed. All the Justices concur.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes