Banks v. Howell

This action involves the validity of a deed to 86.46 acres of ground in Yell County. November 28, 1950, Mrs. Virginia Howell, mother of Mrs. Garrett Jones, executed the deed in question to Wayne Banks (appellant) for a consideration of $600. Mrs. Howell, by her daughter as next friend, filed the present suit February 27, 1951, to cancel and set aside the above deed on the grounds that she (Mrs. Howell) lacked mental capacity to execute the deed. Appellants answered with a general denial and appellant, Banks, further pleaded, in effect, “that said deed was executed and delivered to him in…