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COLE v. WAITE

No. A-3422.

246 S.W.2d 849 (1952)

COLE et al. v. WAITE.

Supreme Court of Texas.

Rehearing Denied April 2, 1952.

Attorney(s) appearing for the Case

James W. Witherspoon, John D. Aikin, Mel Ruth Aikin and Wayne Thomas, all of Hereford, for petitioners.

Grady Hazlewood, Amarillo, Dennis Zimmermann, Tulia, for respondent.

BREWSTER, Justice.

This is a suit filed by Lizzie Lieu Waite, by next friend, respondent, against Charles Wesley Cole and Steven Ray Cole, petitioners, to cancel a deed executed by Mrs. Waite to them on Oct. 1, 1949. Upon a jury verdict the trial court entered a judgment for respondent, which was affirmed by the Court of Civil Appeals. 242 S.W.2d 936.

The jury found that Mrs. Waite was not mentally able to understand the...

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