Lindsey v. Lindsey

62 Ga. 546
CourtSupreme Court of Georgia
DecidedFebruary 15, 1879
StatusPublished
Cited by18 cases

This text of 62 Ga. 546 (Lindsey v. Lindsey) 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
Lindsey v. Lindsey, 62 Ga. 546 (Ga. 1879).

Opinion

Jackson, Justice.

1. By reference to the report of the pleadings and facts of this case, it will be seen that .many errors are assigned upon charges and refusals to charge in regard to imbecility of mind in the grantor and undue influence exerted by his children upon him to make the deed to the grantee. We see no substantial error in any ruling complained of. In[550]*550deed, few of them were pressed in argument before us as erroneous. The jury found that the father’s mind was strong enough to make the contract, the evidence abundantly sustains the finding, and the judge was right to uphold the verdict on this point. So in regard to undue influence, the charge was right, and there is, if any at all, but the slightest evidence of any influence, and none on the part of the grantee or authorized by him.

2. The consideration of the deed is the continued support of the father by this son, to whom it was made. It is not a condition precedent. It is not pretended that he is unable to comply with his contract, and the only dispute is in respect to whether he has done so or not. The remedy is for failure to do so, the contract being executed, by action at law for damages. Such remedy being adequate and complete at law, equity will not interfere to set aside the conveyance. These points control the case, and the judgment is affirmed. See 31 Ga., 512; 43 Ga., 79; 6 Ga., 325; Code, §3095; 5 Ga., 400.

Judgment affirmed.

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

Related

Dillard v. Brannan
121 S.E.2d 768 (Supreme Court of Georgia, 1961)
Harry v. Griffin
78 S.E.2d 37 (Supreme Court of Georgia, 1953)
Bolton v. Morris
71 S.E.2d 217 (Supreme Court of Georgia, 1952)
Dumas v. Dumas
66 S.E.2d 129 (Court of Appeals of Georgia, 1951)
Dumas v. Dumas
52 S.E.2d 845 (Supreme Court of Georgia, 1949)
Mims v. Cooper
46 S.E.2d 909 (Supreme Court of Georgia, 1948)
Schneider v. Smith
7 S.E.2d 76 (Supreme Court of Georgia, 1940)
Morris v. Fain
142 S.E. 119 (Supreme Court of Georgia, 1928)
Hall v. Tyson
128 S.E. 187 (Supreme Court of Georgia, 1925)
Lowe v. Slocum
103 S.E. 719 (Court of Appeals of Georgia, 1920)
Mayor of Gainesville v. Brenau College
103 S.E. 164 (Supreme Court of Georgia, 1920)
Byrd v. Byrd
96 S.E. 10 (Court of Appeals of Georgia, 1918)
Christian v. Ross
88 S.E. 986 (Supreme Court of Georgia, 1916)
Davis v. Davis
69 S.E. 172 (Supreme Court of Georgia, 1910)
Thompson v. Lanfair
56 S.E. 770 (Supreme Court of Georgia, 1907)
Grant v. Bell
58 A. 951 (Supreme Court of Rhode Island, 1904)
Rollins v. Davis
23 S.E. 392 (Supreme Court of Georgia, 1895)
McCardle v. Kennedy
17 S.E. 1001 (Supreme Court of Georgia, 1893)

Cite This Page — Counsel Stack

Bluebook (online)
62 Ga. 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-lindsey-ga-1879.