Jenkins v. Lane

(After stating the foregoing facts.)

Did the amendments to the plaintiffs’ petition set out a new and distinct cause of action? The original petition alleged that the father was of unsound mind, and did not have sufficient mental capacity to make the deeds in question to his son, who, with knowledge that his father was of unsound mind, by false and fraudulent representations induced him to execute said deeds. For these reasons the plaintiffs alleged that the deeds were null ’ and void, and prayed that they be declared void, and be delivered up and canceled. By these amendments the plaintiffs…