Jenkins v. Jenkins

The opinion of the court was delivered by

Marshall, J.:

This action was commenced July 12, 1912, by the children of George Jenkins, who died in August, 1911, to set aside a deed executed July SI, 1900, by him to his wife, Flora Jenkins, because of the mental incapacity of George Jenkins. Fraud was alleged in the petition, but was abandoned in the trial, except that it is fraudulent to knowingly procure a deed from a person so unsound of mind as to be incapable of making one. The defendant pleads a general denial; that the deed was executed in consideration of love and affection and other good…