Wilbourn v. Wilbourn

I find that I cannot agree with the majority opinion, holding that there was a valid delivery of the deed by R.H. and Mary F. Wilbourn to their son, Landres Wilbourn.

In my humble judgment, little, if any, effect as proof can be given to any of the allegations in the answer of Landres Wilbourn, as is undertaken in the majority opinion. It is true, as therein stated, that the bill does not waive answer under oath and that the answer is under oath. However, the bill here is positively sworn to by complainant and under the provisions of Section 1294, Code 1942, the answer has "only such weight…