Smith v. Smith

OPINION

McDONALD, Chief Justice.

This is an appeal by C. L. Smith from judgment finding 2250.7 acres of land to be community property of C. C. Smith and Faye Smith, and decreeing plaintiffs Lillie Smith and C. L. Smith take nothing by their suit against defendant Faye Smith.

The guardian of Lillie Smith filed this suit against Faye Smith to cancel a deed dated January 11, 1969, from Lillie to Faye to the 2250.7 acres, alleging Lillie lacked mental capacity to execute the deed, and in trespass to try title. Faye Smith by answer denied Lillie lacked sufficient mental capacity to execute the deed;…