Rodesney v. McGee

SIBLEY, Circuit Judge.

In a case removed to the District Court from a State court, R. E. McGee, as guardian of the person and estate of J. C. Vance, a mental incompetent, adopted and amended the bill brought by a next friend to cancel a note and a deed of trust securing it which Vance had executed and which had been assigned before due to C. A. Rodesney. Rodesney claimed to be an innocent holder for value, and denied the mental incapacity to contract of Vance, and by way of cross relief prayed a judgment on the note and a foreclosure of the deed; but if the note and deed should be can-celled…