Elizabeth Sims v. Charles Richard Beeson

Plaintiffs, Elizabeth Sims and and husband, Sherman Sims, instituted suit against defendant, Charles Beeson, et al, to set aside a deed to a 6 1/4 acre tract of land executed by Sherman Sims to Charles Beeson. As grounds for a cause of action plaintiffs alleged that they had used and occupied the land as their homestead from the time they acquired it on June 20, 1963, continuously to the filing of this suit and that the deed which they sought to set aside was void because it was not signed by Mrs. Sims. Plaintiffs prayed for judgment declaring the deed void and for title and possession of the land. Trial was before a jury. The homestead issue was submitted in Special Issue No. 1 wherein the jury was requested to find whether or not the land in question was a part of the homestead of the plaintiffs on the date Mr. Sims conveyed it to defendant on December 4, 1964. The jury answered: "We do not." After the motion for judgment notwithstanding the verdict and motion for a new trial had been overruled, plaintiffs perfected this appeal.