Butler v. Davy Crockett Federal Savings & Loan Ass'n

COLEMAN, Justice.

Dr. C. W. Butler, Jr., a person of unsound mind, and Allie Maude Butler, individually and in her capacity as guardian of the person and estate of Dr. C. W. *391Butler, Jr., have appealed from a summary judgment, by the terms of which the Davy Crockett Federal Savings and Loan Association was granted judgment for the balance due on a note and the foreclosure of a deed of trust lien.

The motion for summary judgment was unsworn. An affidavit was attached to the motion by which the President and Secretary of the Association swore that the facts stated in the original petition were…