Brogdon v. Purvis

Supreme Court of Georgia

Brogdon v. Purvis

136 S.E.2d 719, 220 Ga. 28, 1964 Ga. LEXIS 439

CourtSupreme Court of Georgia

DecidedMay 7, 1964

Docket22453

StatusPublished

This text of 136 S.E.2d 719 (Brogdon v. Purvis) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brogdon v. Purvis, 136 S.E.2d 719, 220 Ga. 28, 1964 Ga. LEXIS 439 (Ga. 1964).

Pincite

Opinion

Duckworth, Chief Justice.

1. The petition alleges grounds for cancellation of a deed made by a legally adjudged mentally incompetent person without consideration and because of undue influence, and was not subject to general demurrer. Code §§ 37-707, 37-708, 37-709, 37-710; Johnson v. Hutchinson, 217 Ga. 489 (123 SE2d 551).

2. The demurrers styled as special demurrers, assailing portions of paragraphs of the petition because they are allegedly conclusions of fact and conclusions of law, and complaining that evidentiary documents were not attached, and because of misjoinder; and praying that the entire petition be dismissed because of these respective criticisms were without merit because of want of meritorious basis and because they were general as to the entire petition which was not subject to dismissal. Special demurrers being critics must themselves be free from defect. Martin v. Bartow Iron Works, 35 Ga. 320, 323; Douglas A. & G. R. Co. v. Swindle, 2 Ga. App. 550 (59 SE 600); Katz v. Turner, 49 Ga. App. 81 (174 SE 167); Rhyne v. Price, 82 Ga. App. 691, 697 (62 SE2d 420). It was not error to overrule all such demurrers.

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Duckworth, Chief Justice.

1. The petition alleges grounds for cancellation of a deed made by a legally adjudged mentally incompetent person without consideration and because of undue influence, and was not subject to general demurrer. Code §§ 37-707, 37-708, 37-709, 37-710; Johnson v. Hutchinson, 217 Ga. 489 (123 SE2d 551).

2. The demurrers styled as special demurrers, assailing portions of paragraphs of the petition because they are allegedly conclusions of fact and conclusions of law, and complaining that evidentiary documents were not attached, and because of misjoinder; and praying that the entire petition be dismissed because of these respective criticisms were without merit because of want of meritorious basis and because they were general as to the entire petition which was not subject to dismissal. Special demurrers being critics must themselves be free from defect. Martin v. Bartow Iron Works, 35 Ga. 320, 323; Douglas A. & G. R. Co. v. Swindle, 2 Ga. App. 550 (59 SE 600); Katz v. Turner, 49 Ga. App. 81 (174 SE 167); Rhyne v. Price, 82 Ga. App. 691, 697 (62 SE2d 420). It was not error to overrule all such demurrers.

Judgment affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

136 S.E.2d 719, 220 Ga. 28, 1964 Ga. LEXIS 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brogdon-v-purvis-ga-1964.

Opinion

Related

Cite This Page — Counsel Stack