Herring v. Davis

Appellant brought suit to have a deed executed by Mary Catherine Herring to respondent set aside on the grounds that the grantor was, at the time the deed was executed, incompetent; that the deed was made because undue influence was exerted upon, and fraud perpetrated on the grantor; that the price paid for the property was inadequate.

An unverified answer was filed and at the conclusion of the plaintiff’s case, an offer to amend by filing a verified answer was granted. Any error committed by the trial court in this respect was waived by appellant, the court offering to continue the case if…