Cochran v. Spinks

Supreme Court of Georgia

Cochran v. Spinks

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

CourtSupreme Court of Georgia

DecidedNovember 10, 1933

DocketNo. 9519

StatusPublished

This text of 171 S.E. 568 (Cochran v. Spinks) 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

Cochran v. Spinks, 171 S.E. 568, 177 Ga. 827, 1933 Ga. LEXIS 437 (Ga. 1933).

Pincite

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 [829]*829belonging 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.

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

Hill, J.

The allegations of the petition as amended, to the effect that Spinks did not in fact have on deposit $1133 as money [829]*829belonging 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.

Cite This Page — Counsel Stack

Bluebook (online)

171 S.E. 568, 177 Ga. 827, 1933 Ga. LEXIS 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cochran-v-spinks-ga-1933.