Eversole v. Theimer

MONTEITH, Chief Justice.

This action was brought in the District •Court of Washington County in regular form of trespass to try title by E. M. Peters .as next friend of Ben Theimer, for recovery of title and possession of 250.96 acres of land, more or less, described in ap-pellee’s pleadings as being partly in the William Munson, Dan Miller and Gibson Kuykendall Surveys in Washington County, Texas, and for damages. He alleged that on January 10,1950, Ben Theimer was a person of impaired mental condition and that he was without sufficient mental capacity to enter into any contractual relations…