Kirk v. Kirk

Supreme Court of Georgia

Kirk v. Kirk

50 S.E. 928, 123 Ga. 104, 1905 Ga. LEXIS 386

CourtSupreme Court of Georgia

DecidedMay 15, 1905

StatusPublished

Cited by1 cases

This text of 50 S.E. 928 (Kirk v. Kirk) 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

Kirk v. Kirk, 50 S.E. 928, 123 Ga. 104, 1905 Ga. LEXIS 386 (Ga. 1905).

Pincite

Opinion

Fish, P. J.

The evidence showed mere weakness of the grantor’s mind, which is not cause for setting aside his deed (Nance v. Stockburger, 111 Ga. 821), and was wholly insufficient to authorize a finding that the grantee, by undue influence or fraudulent means, induced him to execute the deeds the 1 plaintiff sought to have canceled; nor was there any evidence that the defendant ever had the personalty for which the action was brought. It follows that the nonsuit was properly granted.

Judgment affirmed.

All the Justices concur, except Candler, J., absent.

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

Fish, P. J.

The evidence showed mere weakness of the grantor’s mind, which is not cause for setting aside his deed (Nance v. Stockburger, 111 Ga. 821), and was wholly insufficient to authorize a finding that the grantee, by undue influence or fraudulent means, induced him to execute the deeds the 1 plaintiff sought to have canceled; nor was there any evidence that the defendant ever had the personalty for which the action was brought. It follows that the nonsuit was properly granted.

Judgment affirmed.

All the Justices concur, except Candler, J., absent.

Cite This Page — Counsel Stack

Bluebook (online)

50 S.E. 928, 123 Ga. 104, 1905 Ga. LEXIS 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirk-v-kirk-ga-1905.

Opinion

Related

Cite This Page — Counsel Stack