Roberts v. Scott

Hawkins, Justice.

Plaintiff filed suit against defendant, seeking the cancellation of a certain deed purportedly executed by the deceased grantor by her mark to defendant a few days prior to her death. Since the sufficiency of the pleadings is not before us, they will not be repeated in detail here. The petition alleged in substance, however: that the *528alleged grantor did not execute the deed, nor did she authorize anyone to execute the same in her behalf, and the same is a forgery. Plaintiff is the executrix of the estate of the deceased grantor, and in her individual capacity was named as the…