Rice v. Rice

161 S.E. 594, 173 Ga. 804, 1931 Ga. LEXIS 409

Opinion

Atkinson, J.

1. On the issues as to mental capacity of a grantor and undue influence exercised by the grantee in a suit to set aside certain deeds the following evidence'was admissible: “And he [A. J. Rice Sr.] seemed to be suffering from almost a complete loss of memory; and when he would make himself understood at all, his utterances and the thoughts he seemed to be trying to convey indicated a complete loss of mental control.”

No. 8537. November 13, 1931.

2. On the conflicting evidence the judge did not err, after the grant of a nonsuit, in revoking the order of nonsuit at the same term and in reinstating the ease. Judgment affirmed.

All the Justices concur. Copeland & Dulces, for plaintiffs in error. W. E. Perry and Liltle & Dickerson, contra.