MAXWELL v. MASON

No. 01-84-0282-CV.

682 S.W.2d 640 (1984)

A.J. MAXWELL, Appellant, v. Bennie Roy MASON, Guardian of the Person and Estate of Johnie Gaines, an Incompetent, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 20, 1984.


Attorney(s) appearing for the Case

Lloyd L. Oubre, San Antonio, for appellant.

Michael J. Canon, Mance Michael Park, Davis, Durham & Canon, Huntsville, for appellee.

Before JACK SMITH, WARREN and BULLOCK, JJ.


OPINION

JACK SMITH, Justice.

The main issue in this appeal is the jurisdiction of the district court to set aside a deed executed by a ward. The deed had been executed prior to the creation of the guardianship. In a jury trial, the grantor, Johnie Gaines, was found to be incompetent when the deed was executed, and the court ordered the deed set aside.

In 1979, Johnie Gaines was the owner of a piece of real estate located in Burleson County. He conveyed...

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