20 Wash. 103 | Wash. | 1898
The opinion of the court was delivered by
Suit to cancel and annul a deed alleged to have been executed by David Spoor, decedent, to respondent Emma J. Barkley. The appellant claimed title to certain real estate in Port Townsend, under a will made by
A number of objections have been made by respondents to the hearing of this appeal upon its merits. These objections go to the capacity of the appellant to maintain the action and to the sufficiency of the complaint. Upon consideration, however, of the objections, we have concluded to determine the cause upon its merits. Appellant has excepted to the material findings of fact. We have examined the evidence in the record carefully, and do not think the facts found by the superior court should be disturbed. We are not sure that, upon the evidence produced by the appellant, either mental incapacity of David Spoor
The judgment of the superior court must be affirmed.
Soott, C. J., and Anders, Dunbar and Gordon, JJ., concur.