Henneberger v. Sheahan

On Rehearing.

Among the cases which have Had our serious consideration in weighing the merits of appellants’ contentions are McMichael v. Elliott, Tex.Civ.App., 235 S.W.2d 231, and Harrison v. Davis, Tex.Civ.App., 58 S.W.2d 1025.

In the McMichael case, a suit was brought by ‘ Elliott’s surviving widow and child to cancel a deed and a lease contract. A jury found that Elliott did not have sufficient mental capacity to execute a warranty deed to McMichael; it then found that he did not execute the deed in good faith but did so with the intention of defrauding his wife, not for the purpose of…