Schumann v. Abernathy

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiffs Schumann, et ah, from a judgment sustaining defendants Abernathy et al.’s plea of res adjudicata and decreeing plaintiffs take nothing.

Plaintiffs, the heirs of Fritz Schumann, deceased, brought this suit to declare void deeds executed by Schumann in 1945 to 116 acres of land in Guadalupe County. Plaintiffs alleged mental incapacity on the part of Schumann to execute a deed, that Schumann was unduly influenced to execute the deeds, fraud on the part of defendants, no consideration, and failure of consideration in that “defendants…