Mitchell v. Smith, Administrator

Griffin Smith, Chief Justice.

J.,N. Mitchell, quite old and unlettered, 1 executed in favor of a son, T. G. Mitchell, deed to fifty acres, retaining a life estate. Signature was by mark witnessed by J. W. Combs, Clifton Thomas, and A. W. Norris. The instrument was dated January 26,1938. There was testimony that the deed was delivered shortly after execution, but not recorded until subsequent to the grantor’s death in 1942. Recited consideration was $600. ’

Appellees sued to cancel, alleging that J. N. Mitchell did not execute the deed. It was also alleged that the deed was procured by fraud,…