BERRY v. BERRY

7 Div. 453.

114 So.2d 916 (1959)

W. M. BERRY et al. v. A. B. BERRY et al.

Supreme Court of Alabama.

October 8, 1959.


Attorney(s) appearing for the Case

Scott & Scott, Fort Payne, for appellants.

W. M. Beck, Fort Payne, for appellees.


MERRILL, Justice.

Appellants, who are children or grand-children of P. B. Berry, deceased, filed a bill of complaint against A. B. Berry and wife, to set aside a deed executed by Luther Berry, deceased, to respondents. Both A. B. Berry and Luther Berry were sons of P. B. Berry, deceased. The bill also sought a sale of the land for division.

The bill charged that the deed was void because Luther Berry was not mentally competent to make the conveyance. After...

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