Gibson v. Smith

ELGIN T. FULLER, Special Judge.

Earven Gibson, appellant and plaintiff below, brings this action in equity to set aside a general warranty deed executed by Walter Leon Smith (now deceased) to respondents, James W. Smith and Annie Mae Smith, his wife. The trial court found for the defendants. This suit to have the deed set aside involves title to realty in a constitutional sense so as to confer exclusive jurisdiction on this court. 1

This action in equity is to he reviewed de novo on the record and we must weigh the evidence, make our own findings of fact, draw our own conclusions of law and…