154 Ga. 271 | Ga. | 1922
The ruling announced in the first headnote refers to so much of the petition as seeks to set up an implied trust to an undivided one-half interest in the Milner property. The petition'alleged a cause of action for the relief prayed for, relatively to this property; and as to this phase of the case none of the grounds of demurrer were meritorious.
The next question relates to cancellation of the deed from the plaintiff’s intestate to an interest in the Dobbs farm. As to this matter the petition substantially alleges the following. The intestate died on June 21, 1919. The petition was filed on December 21, 1920, and alleged that on September 26, 1913, the defendant (a son of plaintiff’s intestate) procured his mother to execute to him a deed prepared by his counsel, conveying her a -two-fifths interest in a described farm (the Dobbs farm) for a consideration of one dollar and love and affection; that said instrument was procured by fraud and undue influence practiced by the son on the mother; that prior to the procurement of such deed confidential relations existed between them; that the son was a strong, active man, shrewd and prosperous in business affairs,
Judgment affirmed.