Opinion
22453.
SUBMITTED APRIL 14, 1964.
DECIDED MAY 7, 1964.
Cancellation of deed. Berrien Superior Court. Before Judge Lott.
Elsie H. Griner, Edward Parrish, for plaintiff in error.
E. R. Smith, W. D. Knight, contra.
1. The petition alleges grounds for cancellation of a deed made by a legally adjudged mentally incompetent person without consideration and because of undue influence, and was not subject to general demurrer. Code §§ 37-707, 37-708, 37-709, 37-710; Johnson v. Hutchinson, 217 Ga. 489 ( 123 S.E.2d 551).
2. The demurrers styled as special demurrers, assailing portions of paragraphs of the petition because they are allegedly conclusions of fact and conclusions of law, and complaining that evidentiary documents were not attached, and because of misjoinder; and praying that the entire petition be dismissed because of these respective criticisms were without merit because of want of meritorious basis and because they were general as to the entire petition which was not subject to dismissal. Special demurrers being critics must themselves be free from defect. Martin v. Bartow Iron Works, 35 Ga. 320, 323; Douglas A. § G. R. Co. v. Swindle, 2 Ga. App. 550 ( 59 S.E. 600); Katz v. Turner, 49 Ga. App. 81 ( 174 S.E. 167); Rhyne v. Price, 82 Ga. App. 691, 697 ( 62 S.E.2d 420). It was not error to overrule all such demurrers.
Judgment affirmed. All the Justices concur.