Gantt v. Gunter

Statutory action of ejectment.

Appellant, the plaintiff below, deraigns title through a mortgage executed by defendant E.'B. Gunter, to the Federal Land Bank of New Orleans.

The defense was mental incapacity of the mortgagor to make a valid mortgage by reason of insanity.

’Admittedly a bona fide purchaser or mortgagee without notice of such insanity is now protected. Code, §§ 6822, 6823.

There was much conflicting evidence on the issue of insanity. Assuming this evidence made a jury question as to whether the mortgagor was insane to such extent as to render him incapable of executing a valid…