Wilbur's Ex'r v. Lemmon

Opinion of the Court by-

Judge Siler —

Reversing.

Elizabeth L. Wilbur filed her petition seeking judgment against her brother, J. Harry Lemmon, the appellee, for $4353.82 as the amount alleged to have been wrongfully taken by him from her bank account and from her safety deposit box, all of which she said was done contrary to her will and without her knowledge and at a time when she was physically and mentally incapacitated. Following her death before trial, the suit was revived in the name of her executor, the appellant. At the conclusion of evidence on the trial, the court directed a verdict…