93 Ga. 320 | Ga. | 1894
Judgment reversed.
The petition alleges : On July 22, 1871, plaintiff sold defendant a tract of land, described in a copy of the deed attached, for $500. Defendant never paid anything for the land, and under the contract was not to pay anything at that time, and in all probability would never be required to pay anything, as plaintiff" was then in good circumstances and thought he never would call on defendant for payment, thinking he would be ■ able to give the land to defendant; but in the abundance of caution he contracted with defendant, his son, at the time and before the deed was made, and it was expressly agreed by them, that he (plaintiff) would make the deed, and should he at any time during his life lose his money and property, become in needy circumstances and call on defendant for help, defendant was to furnish him a sup-port as long as the same was needed by him, or until defendant had furnished $500, the price and value of the’ land. Some time in 1885 or 1886 plaintiff’s mind gave way, and because of this in a short time thereafter his money and property were all swept away and he was left penniless, 65 years old, and unable to do any kind of work to support himself and a helpless wife; and on or about April 15, he was adjudged to be insane and sent