McCraw v. Watkins

Hill, Justice.

The plaintiff and defendant agreed to exchange tracts of land and they executed deeds to the properties. The defendant remained in possession of the tract he had conveyed and later the plaintiff instituted dispossessory proceedings. The defendant defended by asserting that he was mentally incompetent. The trial court granted partial summary judgment to the plaintiff as to his ownership of the property on the ground that the defendant had not shown he had been adjudicated incompetent prior to the time his deed was executed and there had been no tender back of the other tract. At…