Senter v. Furman

45 Ga. 483, 265 S.E.2d 784 (1980)

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Nature of the Case

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Facts

P executed a warranty deed on his Powers Ferry home, reciting a consideration of 'Ten dollars and other good and valuable consideration,' when he was 74 and in poor health. P contends that due to his weakened physical and mental condition he was induced to execute the deed by the fraud and undue influence of D at a time when he was facing a malpractice claim which could have cost him all his assets, and that D promised to return the property to him after that exposure was over. P sued D when D refused to return the home and D moved for summary judgment. P's personal physician testified by deposition that he was senile, that he suffered from the loss of memory, and that he exhibited lack of judgment in that he insisted on driving a car and going to work at his office. It was stipulated that P knew and understood what he was doing when he executed the deed in question. P testified by deposition that he signed the deed of his own free will. It is undisputed that P was competent and under no undue influence when he executed the deed. D got the judgment and P appealed.