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Lawskills.com Georgia Caselaw
JOHNSON v. HUTCHINSON, Guardian, et al.
21440.
DUCKWORTH, Chief Justice.
Cancellation. Coweta Superior Court. Before Judge Knight.
The lower court having overruled a general demurrer, the exception is to that judgment. Held:
The petition alleging a confidential relationship between the mother and son who lived together, the mother being in a dependent condition, and showing great mental disparity between them and lack of mental capacity of the mother to make a deed of gift, clearly alleges a cause of action for the relief sought, and the court did not err in overruling the general demurrer thereto. Code 37-707, 37-708, 37-709, 48-107; Jones v. Hogans, 197 Ga. 404 (29 SE2d 568); Tillman v. Byrd, 211 Ga. 918 (89 SE2d 479); Sutton v. McMillan, 213 Ga. 90 (97 SE2d 139).
Byron H. Mathews, Jr., contra.
Henry N. Payton, for plaintiff in error.
SUBMITTED NOVEMBER 13, 1961 -- DECIDED JANUARY 4, 1962.
Friday May 22 22:56 EDT


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