Sprinkles v. Kerbow

The suit, as tried, involved the question of whether or not Mrs. Mary Kerbow (since deceased), at the time of the execution by her of the deed in question, was possessed of sufficient mental capacity to enable her to make the deed and its grant.

Upon appeal the honorable Court of Civil Appeals (264 S. W. 115) expressed this conclusion, “We think the finding of the jury was clearly against the great weight of the evidence,” the jury having found lack of sufficient capacity. This involved a finding of fact, in the exercise of the constitutional jurisdiction of that court, and it is binding upon…