Brown v. Brown

*511The opinion of the court was delivered by

Mason, J.:

The widow and some of the other heirs of the grantor brought an action against the grantee to set aside a deed that had been made by George W. Brown and his wife to' his son, W. O. Brown, on the ground of want of mental capacity, fraud and undue influence. A judgment was rendered for the defendants and the plaintiffs appeal.

The deed was made on January 9, 1912. George W. Brown was then over ninety years of age. He died on the 19th of the following May. The evidence of some of the witnesses strongly supported the view that at the time of the…