Locust v. Randle

GILL, Chief Justice.

Herbert G. Locust brought this suit to recover of Ben Randle an undivided interest of 31 acres in a tract of 63 acres of land. The form of the action was trespass to try title.

The defendant answered by general denial and plea of not guilty. Defendant pleaded specially that plaintiff claimed under the will of George Randle, deceased, the father of defendant. That at the time the will was executed George Randle was mentally unsound and had not the capacity to make a will, and that Locust had promised deceased and had promised defendant for a valuable consideration to destroy…