Hair v. Chilton

Almand, Presiding Justice.

This appeal is from an order dismissing the appellant’s motion for a new trial.

N. H. Chilton, executor of the estate of Mattie R. Hair and the appellee here, in a two-count petition against William Clifton Hair, Jr., the appellant, sought the cancellation of a warranty deed from appellee’s testatrix to the appellant conveying fee simple title in a certain described tract of land in DeKalb County. Count 1 alleged that said deed was void because Mattie R. Hair was without mental capacity to execute a deed on October 15, 1965, the date of execution, and Count 2 alleged *633t…