White v. Hale

GARDNER, Justice.

The bill is by the guardian of a non compos mentis, and seeks the cancellation of a deed executed by his ward, prior to guardianship proceedings, to the defendant, her son.

The ground for cancellation is the alleged insanity of the grantor, the fraud and undue influence averred in general terms being referable solely to the matter of insanity, just as appears to have been the form of the bill considered in Wilkinson v. Wilkinson, 129 Ala. 279, 30 So. 578.

The ward is not a party; the guardian alone files the bill. The court would therefore be without authority to enter a decree…