Stanley v. Stanley

This was a suit by a widow and sole heir at law to canecí a deed made by the plaintiff’s husband to his nephew shortly before the husband’s death, the alleged grounds for cancellation being (1) mental incapacity of the grantor, and (2) fraud by the grantee. After a verdict for the plaintiff, the defendant moved for a new trial, which the court refused, and he excepted. Held:

1. In Dicken v. Johnson, 7 Ga. 484 (2), it was held that if insanity is proved to have existed previously to the execution of the deed, the pre*136sumption of law is that it continues to the time when the deed is executed, and…