Smith v. Monroe

This is an appeal from an order of the district court of Pecos county, Tex., made upon a motion of appellants to vacate an order appointing a receiver. A suit was instituted in said court by appellants against Henry C. Monroe in trespass to try title to several thousand acres of land in Pecos county; Henry C. Monroe filed a plea in abatement alleging that W. A. Smith was not a proper party to the suit because of the fact that Mrs. Smith, mother of Henry C. Monroe, was wholly lacking in mental capacity to contract at the time of her pretended marriage to appellant, W. A. Smith; later, another…