Davis v. . Davis

The verdict of the jury in this case eliminates a consideration of fraud or undue influence. Plaintiff’s case rests on the allegation and evidence offered in support thereof to the effect that at the time of the execution of said deeds, plaintiff did not possess sufficient mental capacity to make and execute the same or to know and understand the nature and extent of his acts. In the ease of Lamb v. Perry, 169 N. C., 436, 88 S. E., 179, this Court said: “The mental capacity required for the valid execution of a deed is the ability to understand the nature of the act in which the party is…