Cole v. Waite

This is a suit filed by Lizzie Lieu Waite, by next friend, respondent, against Charles Wesley Cole and Steven Ray Cole, petitioners, to cancel a deed executed by Mrs. Waite to them on Oct. 1, 1949. Upon a jury verdict the trial court entered a judgment for respondent, which was affirmed by the Court of Civil Appeals. 242 S. W. 2d 936.

The jury found Mrs. Waite was not mentally able to understand the nature and effect of the deed and the consequences of her act when she signed it.

The application for writ of error was granted on five points, which together presents two questions. The first…