Houghton v. West

BOHLING, Commissioner.

Theodore M. Houghton, grantor, instituted this suit on December 10, 1954, to cancel his warranty deed to “Dr. C. O. West and Alta West, husband and wife,” grantees, on the grounds of mental incapacity and undue influence. On January 23, 1955, Dr. West died, and plaintiff filed an amended petition naming Alta West as sole defendant. The chancellor found the issues in favor of plaintiff on each of the pleaded grounds. Defendant has appealed, and questions the correctness of the findings.

Plaintiff’s evidence: Plaintiff was 82 years old when the deed was executed on December…