Penney v. Vessells

Ed. F. McFaddin, Justice.

Tbe determination of tbis case turns on tbe validity of a contract for sale of tbe homestead of an insane wife.

Appellant, Ealpb Penney, owned property in Sevier County, wbicb was occupied as a homestead by himself and bis wife, Mrs. Juanita Penney. She was insane, although she bad no legal guardian until Penney was so appointed on October 8, 1951. On September 12, 1951, Penney and appellee, H. Gr. Vessells, entered into a contract (Penney being designated as First Party and Vessells, as Second Party) which provided, inter-alia: (1) that Penney agreed to sell and…