July 16th, 2012
It’s no easy task to set aside a deed based on fraud. Yet, because fraud is so difficult to prove through direct evidence, courts have established ways for plaintiffs to prove fraud by circumstantial evidence. In Georgia, great inadequacy of of consideration, joined with great disparity of mental ability in contracting a bargain, may justify equity in setting aside a sale or other contract. Where these two elements exist, a deed may be set aside without proof of anything else as to fraud.
In Slaick v. Arnold, the Georgia Court of Appeals recently got to apply this framework. (more…)