144 Ga. 566 | Ga. | 1916
On June 23, 1902, a dispossessory warrant was issued at the instance of Ida Williams against Sylvania Thomason, John Cox, and Mrs. John Cox, to remove them from a described
Ida Williams answered, denying the essential allegations of the petition, and setting up that on October 7, 1907, George W: Thomason executed to her a deed to the premises in consideration of the sum of five dollars, the receipt of which was acknowledged, and in further consideration of love and affection which he bore to the grantee, and of her agreement to allow the use and occupancy of the premises by the grantor and his wife during their respective lives, free of rent. This deed was recorded on the same day it purported to have been executed. At the trial term the following
To the November term, 1914, of Fulton superior court Sylvania Thomason Hubbard, through her next friend, George H. Wade, filed a petition against the constable and Ida Williams, defendants in the former suit, John Cox and Mrs. John Cox, her coplaintiffs therein, and David N. Williams and William T. Healey, praying to set aside the judgment and decree in the former suit, on the ground that she was an idiot from birth, and incompetent to employ counsel to institute the proceeding. She further alleged, that there were other reasons why she should have prevailed in that suit had she been properly represented by a guardian or next friend, because George W. Thomason, under whom the defendants claim title, was not related by blood or marriage to Ida Williams, and the conveyance to her was purely voluntary, and that subsequently to that conveyance, to wit, on June 16, 1900, George W. Thomason, for a valuable consideration, conveyed the same property to petitioner by deed; that on account of the condition of her mind she was unable to furnish any information to the lawyers conducting her case or advise them respecting it; that the verdict was the result of agreement between the parties, and not binding on her, as she was incapable of entering into a consent verdict and decree; that afterwards, on January 9, 1904, Ida Williams conveyed by warranty deed to David N. Williams, her brother, one half undivided interest in the property, and on May 27, 1911, Ida Williams and David N. Williams conveyed a certain described portion of the property to William T. Healey. The petitioner prayed that the verdict and judgment be set aside as a cloud upon her title, and for general relief. Various demurrers were filed by the defendants. The plaintiff amended by alleging," that the estate .of George W. Thomason was not made a party to the suit as origi
The present petition is projected on the theory that the court was without jurisdiction to entertain the suit in which the judgment was rendered which is sought to be set aside, because the plaintiff was an idiot who could not sue without a guardian or proehein ami; but a reference to the pleadings in that case will show that the sirit was brought by her and two other plaintiffs, to enjoin a process directed against all of them. Although two of the plaintiffs alleged themselves to be in possession as employees of the present plaintiff, they were interested in preventing their ejection under the dispossessory process. It can not therefore be said that they had no interest in the suit. It was also alleged in that proceeding that there was a bona fide contest between the plaintiff in the present
Furthermore, two of the defendants are alleged to be purchasers, and they are not charged with having knowledge, of the plaintiff’s imbecility. No fraud is alleged against the attorneys who instituted the suit in her behalf. The petition in the former case purports to have been verified by the plaintiff before a notary public. It further appears that in bringing the suit the plaintiff is described as Sylvania Thomason, while in the verdict rendered therein she is described as Sylvania Thomason Hubbard. No explanation is given as to the change of name. A reasonable inference would be, that, notwithstanding her present allegation of idiocy, she contracted- a marriage, by which her name was changed. The will of Thomason is annexed, and he refers to the services which had been rendered him as the moving cause of the bequest of his entire estate to her. These facts are adverted to as tending to show that her allegation that she is an idiot is to be taken in connection with and .as qualified by the other facts appearing in the case. The present suit was filed eleven years after the decree which is sought to be set aside was rendered; and we do not think it was error to dismiss the petition on general demurrer.
With respect to the assignment of error that some of the demur
Judgment affirmed.