ELLIS v. POTTER

No. 41944.

455 P.2d 92 (1969)

Ben H. ELLIS and Louann Ellis, Plaintiffs in Error, v. Texas Ellis POTTER, Defendant in Error.

Court of Appeals of Oklahoma Division No. 2.

Rehearing Denied May 13, 1969.


Attorney(s) appearing for the Case

Palmer & Cannon, Oklahoma City, for plaintiffs in error.

Shutler, Shutler, Baker & Simpson, Kingfisher, for defendant in error.


WILSON, Presiding Judge.

In the trial court Ben H. Ellis joined by his wife brought this action against his mother, Texas Ellis Potter, to quiet title to a quarter section of land. Plaintiffs rely on a warranty deed dated July 6, 1961, from the mother joined by her husband to the son and his wife. The defendant sought cancellation of the deed.

The evidence showed that at the time of the transaction the mother was approximately...

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