Thomas v. Lockwood

1. In order to avoid a deed on the ground of mental incapacity of the grantor, he must have been non compos mentis, that is, entirely without understanding, at the time the deed was executed.(a) The evidence in this case was insufficient to show such incapacity on the part of the grantor, and therefore the verdict for the plaintiff, cancelling the deed, was contrary to the evidence and without evidence to support it as related to that issue.

2. Nor did the evidence authorize a finding that the deed was never delivered.

3. The judge charged the jury: "If one should have mind and reason…