Mack v. Cole

J. Seaborn Holt, Associate Justice.

This is an action to set aside a deed allegedly procured by fraud. The record reflects that at the conclusion of appellant’s testimony, the trial court sustained a demurrer by appellee to the plaintiff’s [appellant’s] evidence and dismissed appellant’s complaint. This appeal followed. It appears that only one point is in serious contention here and that is — had the appellant made out a prima facie case?

During the course of the trial, witnesses testified on behalf of appellant, in effect, that when the above deed was executed, there was an agreement between…