Cochran v. Spinks

171 S.E. 568, 177 Ga. 827, 1933 Ga. LEXIS 437

Opinion

Hill, J.

The allegations of the petition as amended, to the effect that Spinks did not in fact have on deposit $1133 as money belonging to his ward, as he alleged in his application to the court to permit the loan, and that in fact he did not borrow $1050 from his ward’s estate, considered in connection with the other averments, as against a general demurrer, sufficiently alleged fraud in procuring the order of the court and the deed executed by the guardian to his ward, as the basis for a court of equity to decree cancellation; and it was error to sustain the demurrers, except as to the surety company, no relief being prayed as to it.

Judgment reversed.

All the Juslices concur.