178 Ga. 542 | Ga. | 1934
Mrs. Ludie Walker filed her petition against the First National Bank of Dalton, and prayed that the bank be enjoined from selling certain land under a security deed made by J. M. Walker on April 14, 1930, and that this deed be delivered up and canceled as a cloud on the title. She alleged that she purchased the property and went into possession in 1925; that she was in possession at the time of filing this petition; and that on April 14, 1930, the date on which he made the security deed to the bank, J. M. Walker was mentally incapable of executing a conveyance of property. The court sustained a general demurrer and dismissed the petition.
The court made no express ruling on the special demurrers. The only exception taken is that “the court erred in sustaining the general demurrer and dismissing the petition.” The plaintiff alleged: “Petitioner is the owner of and in possession of land lot number 312, in the 27th district, 3rd section of originally Walker County, now Whitfield County, Georgia, containing one hundred and sixty acres, more or less. That petitioner’s money that she received from the W. & A. B. B. in settlement of damages which she received on or about 1924 went into said land aforesaid as payment therefor, and deed executed to petitioner for said land in 1930 by J. M. Walker. Petitioner went into possession of said land in 1925.” The allegations as to ownership and possession are unquestionably vague and indefinite; but as against a general demurrer they should be construed to mean that petitioner furnished the money with which the place was purchased in 1924; that she went into possession of the same in 1924 or 1925. And from other allegations it appears that J. M. Walker executed a security deed to the land to the defendant bank, in 1930.
If the petitioner furnished the money with which the land was purchased, as she alleges, and went into possession of the same and
The ruling stated in the second headnote requires no elaboration. Judgment reversed.