Rushing v. Bashlor

Duckworth, Chief Justice.

This case involves an equitable action in two counts to set aside and cancel a deed on the grounds of mental incapacity of the grantor in the execution of the purported deed as alleged in count 1; and the intentional fraud of the grantee in her actions in obtaining the deed in count 2. The petition, in substance, alleges that the grantor was a person 78 years of age, in very poor health and under the care of a physician, suffering from a severe diabetic condition known as “diabetes mellitus,” and a person non compos mentis, not being sui juris but without legal…