Whitney v. Randall

October 13, 1936, appellant entered into a contract with respondent for the purchase of certain lots owned by°him in the city of Moscow. The contract was in the form of an escrow agreement and a deed was signed and placed in escrow therewith. The title to such lots was clear but it was thought that some uncertainty existed as to the mental capacity of respondent to convey, by reason of rumored incompetency.

October 14, 1936, appellant’s complaint and respondent’s answer were verified before the same notary public. October 15th the complaint was filed and alleged as follows:

“I.

“That heretofore,…