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SANDERS v. SANDERS

18390.

210 Ga. 248 (1953)

78 S.E.2d 785

SANDERS v. SANDERS et al., Executors.

Supreme Court of Georgia.

Decided November 9, 1953.

Rehearing Denied November 25, 1953.

Attorney(s) appearing for the Case

Kimzey & Kimzey, Hamilton Kimzey, Herbert B. Kimzey, for plaintiff in error.

J. B. G. Logan, E. C. Stark, contra.

WYATT, Presiding Justice.

Williford Sanders and Young Sanders, as executors of the estate of Guy Sanders, deceased, filed their petition in equity against H. T. Sanders, seeking to cancel a mortgage note in the amount of $1,000. They alleged that there was no consideration for the note, that deceased never received the $1,000 at the time the note was executed or at any other time. The suit was filed October 25, 1950, was duly served, and answers and demurrers were...

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