Simpson v. Hopkins

OPINION

HALL, Justice.

Plaintiff-appellant brought this action to set aside a general warranty deed and thereby remove a cloud from the title of property.

The deed purports to be a conveyance from plaintiff to defendant. Plaintiff’s trial pleadings alleged, under oath, that she did not knowingly or consciously sign the deed or deliver it to defendant, and that no one did so with authority. A jury trial resulted in judgment for the defendant.

The defendant assumed the burden of proof. A single special issue was submitted to the jury. It inquired, “Do you find from a preponderance of the evidence…