Smith v. Smith

Cook, Justice.

Henry Smith, as administrator of the estate of Manning G. Smith, deceased, brought a petition against Boscoe Smith seeking to set aside a deed executed by the intestate to the defendant. The petition alleged that the intestate was 79 years of age at the time the deed was executed, and was physically and mentally ill to the extent that he did not have mental capacity to execute a deed. The jury found a verdict for the defendant, and the appeal is from the judgment entered on this verdict, and the judgments denying the petitioner’s motion for new trial and motion for judgment…