Niemann v. Zarsky

SUTTON, Justice.

This is an appeal from, the District Court of Refugio County.

The case was tried on the second amended original petition wherein Harry Niemann appeared as plaintiff in the capacity of Guardian of the Estate of August Niemann, a person of unsound mind, and Elsie Niemann, the wife of August Nie-mann, individually. John L. Zarsky, the Commercial State Bank, Roy Jackson, W. C. Sparks and Addie Smith, as Executrix of the estate of C. C. Smith, deceased, were named defendants.

The purpose of the suit was to cancel a deed of trust executed December 1, 1924, by August Niemann and wife,…