115 Ga. 350 | Ga. | 1902
Rosana Harkless and seven other persons filed their equitable petition against Ira E. Smith, in which it was alleged, in substance, that petitioners were the only heirs at law of Elijah Dunn, who died in October, Í898; that on July 5,1892, Dunn executed a deed by which he conveyed to Smith certain described land as security for the payment of thirty dollars which Smith had loaned to him; that the consideration expressed in the deed was love and affection, the sum of thirty dollars, and other valuable consideraations theretofore paid by Smith to Dunn, but that the real consideration was the loan of thirty dollars, for which the deed was given as security; that the land was worth one thousand dollars; that at the time the deed was executed Dunn was very old, weak-minded,
Reversed.