Whitaker v. Trust Co.

Birdsong, Judge.

Summary Judgment. On September 20, 1976, Mrs. Whitaker executed a promissory note and security deed pledging a home in support of certain of her husband’s debts. She also guaranteed those debts not to exceed $13, 000, the amount of the note. Mr. Whitaker ultimately defaulted on the debts. On June 13, 1979, Mrs. Whitaker brought a complaint seeking to show that she was mentally incompetent at the time she executed the note, security deed and guaranty. Shortly after the suit was filed by Mrs. Whitaker to relieve her of liability of her husband’s debts, Trust Company moved to…