Whittaker v. Prater

Opinion op the Court by

Judge Clay

Reversing.

Mary Whittaker, now Mary Prater, owned a tract of land in Floyd county which she inherited from her father. On June 28, 1928, she and her husband, John M. Whittaker, conveyed the land to Homer Whittaker, the son of John M. Whittaker, by a former marriage. At that time Homer Whittaker was an infant about 101 years of age. On June 19, 1923, Mary Prater, who in the meantime had been divorced from her husband, brought this suit against the grantee and his father to set aside the deed on the ground that it was executed without consideration, and ,was…