Westerdale Ex Rel. Herfordt v. Johnson

This is an action by Irma L. Herfordt as next friend to set aside a deed from Lois M. Westerdale to the defendants, Carl W. Johnson and his wife. For convenience, the grantor, Mrs. Westerdale, will be referred to as the plaintiff. The petition alleged the plaintiff was incompetent at the time the conveyance was made and that it was procured by fraud and misrepresentation. The trial court found the deed should be set aside and ordered the defendants to reconvey the property. The defendants appeal.

The first question presented is whether the action could be maintained by a next friend. Irma L.…