Maxwell v. Mason

OPINION

JACK SMITH, Justice.

The main issue in this appeal is the jurisdiction of the district court to set aside a deed executed by a ward. The deed had been executed prior to the creation of the guardianship. In a jury trial, the grantor, Johnie Gaines, was found to be incompetent when the deed was executed, and the court ordered the deed set aside.

In 1979, Johnie Gaines was the owner of a piece of real estate located in Burleson County. He conveyed that property to the Rev. A.J. Maxwell in May, 1979, and in June, 1979, granted Rev. Maxwell a power of attorney.

In October, 1981, Johnie Gaines…