Ellis v. Potter

WILSON, Presiding Judge.

In the trial court Ben H. Ellis joined by his wife brought this action against his mother, Texas Ellis Potter, to quiet title to a quarter section of land. Plaintiffs rely on a warranty deed dated July 6, 1961, from the mother joined by her husband to the son and his wife. The defendant sought cancellation of the deed.

The evidence showed that at the time of the transaction the mother was approximately 69 years of age, was suffering from physical and mental ailments, had only a fourth grade education but could read and write, and she had a natural repose and weakness of…