166 Ga. 138 | Ga. | 1928
Ben T. Paris as administrator of the estate of R. Paris, deceased, brought a petition against W. J. Treadaway as administrator of the estate of Mary E. Paris, wife of R. Paris, and alleged that plaintiff, in administering the estate of R. Paris, was renting a described tract of land belonging thereto to one Coff
The court erred in overruling the general grounds of demurrer. The petition failed to allege a cause of action either for reformation of the deed, or for injunction. No fraud and no misplaced confidence is alleged. Civil Code (1910), § 4575. No mutual mistake is alleged. §§ 4578, 4579. No inability to read and no other sufficient reason is alleged as an excuse for ignorance of the facts, and for failure within reasonable time to apply for equitable relief. §§ 4580, 4581. “Being old and uneducated” and “failure to examine” a deed which recites delivery and was duly recorded and received by the husband in 1913 and placed in a bank among his papers, “where it remained until after his death” in 1925, are not facts which will afford equitable grounds for reformation of a deed, more especially where the petition alleges as to accident and mistake only that which is indicated in the above statement of the case. Sims, the grantor, and Mary Paris, the grantee, are dead. See generally Crockett v. Crockett, 73 Ga. 647; Weaver v. Roberson, 134 Ga. 149 (67 S. E. 662); Gabbett v. Hinman, 137 Ga. 143 (72 S. E. 924); Frank v. Nathan, 159 Ga. 202, 208 (125 S. E. 66).
The above rulings require a reversal of the judgment on the cross-bill of exceptions, the effect of which will be the dismissal of the petition in its entirety. Accordingly it is unnecessary to rule on the exceptions in the main bill, and it is therefore dismissed.
Judgment reversed on the cross-bill of exceptionsj maim, bill of exceptions dismissed.