Carter v. Witherspoon

Grice, Justice.

The enumerations of error here grow out of an action to cancel a deed.

The plaintiff Lomie Lou Carter, as executrix of the grantor Henry T. Dasher, filed suit in the Superior Court of Lowndes County against John Emerson Witherspoon, the grantee of the deed. The complaint, in three counts, alleged in essence that at the time of execution of the deed the grantor was mentally incompetent; that he was unduly influenced to execute it; that its consideration was greatly inadequate; that it lacked any consideration whatever; and that it was fraudulently executed because the grantee did…