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Rose v. Cain

Defendant who attempted to foreclosure on a fraudulent security deed was not entitled to a directed verdict on the plaintiff's fraud claim.

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Plaintiff Ralph D. Cain filed this action to set aside a security deed to residential real estate purportedly signed by him in favor of defendant Terry R. Rose as grantee to secure a supposed $85,000 debt. Rose counterclaimed, alleging an oral agreement that Cain would convey the property described in the security deed at issue. At the close of all the evidence, the trial court directed a verdict against this counterclaim, and denied Rose’s motion for a directed verdict on Cain’s claim of fraud in the factum.1 In a special interrogatory, the jury found the security deed was not valid and enforceable and judgment was entered accordingly. On appeal, Rose contends the trial court erred in denying his motion for directed verdict as to fraud and in granting Cain’s motion for directed verdict as to the alleged oral contract to convey real property. He further enumerates as error the court’s jury instructions on accident, mistake, and on the principles of a confidential relationship. We affirm.

1. In Georgia, a directed verdict or judgment notwithstanding the verdict is authorized

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