Davis ex rel. Hutchinson v. Mullis

ORDER ON MOTIONS

LAWRENCE, District Judge.

I

Defendants move for dismissal on the ground that no diversity of citizenship existed at the time the litigation commenced. The complaint alleges that plaintiff is a resident of Florida. He apparently lived in Georgia at the time the deed, which is the subject of the suit, was signed by him and delivered to James Mullís, a defendant.* According to the complaint, Davis has “a feeble and imbecilic mind” and is an “uneducated and illiterate person who cannot carry on a coherent conversation and understand simple business matters.” Counsel for defendants…