Carland v. . Allison

Tbe defendant excepts for tbat tbe court permitted tbe plaintiffs to offer in evidence, for attack, tbe deed executed by Kerlee to him. This exception is without merit. Tbe plaintiffs could not engage in shadow boxing. Tbe validity of tbe deed was at issue and it was necessary for them to offer it for attack to have something at which to strike. This is tbe accepted practice. Burton v. Peace, 206 N. C., 99, 173 S. E., 4.

There was ample and persuasive evidence of tbe mental incompetency of tbe grantor. This alone would defeat defendant’s general motion to dismiss as of nonsuit. A careful…