Sumpter v. Flanery

CULLEN, Commissioner.

Virgie Sumpter acquired title to a tract of land by purchase from the heirs of Mrs. Ritter Sumpter Smith, and thereafter she brought action against the heirs of Ed Polly to have adjudged void a deed Mrs. Smith had executed to Polly in 1929, for a right of way across the tract. The ground of attack upon the deed was that Mrs. Smith was mentally incompetent when she executed the deed. The court, after hearing evidence, found that Mrs. Smith had sufficient mental capacity to make the deed, and entered judgment for the defendants. Virgie has appealed.

In 1924 (five years…