Martin v. Smith

Head, Justice.

In ground one of the amended motion for new trial it is insisted that the verdict in favor of the defendant is contrary to the evidence and without evidence to support it, in that the testimony of the defendant, and an amendment filed by him to his answer, show that he was not to take any interest in the land described in the “two certain deeds” under attack until after the death of the grantor. Counsel for both parties treat this ground as an amplification of the general grounds.

It is contended that the two instruments were in law wills, and not being executed in the manner…