Martin v. Ewing

From a decree of the circuit court of Kanawha County cancelling a deed and a bill of sale the defendants appeal.

The plaintiff, H. L. Martin, who sues by A. E. Price, his next friend, to cancel said instruments on the ground of the grantor's mental incompetency to execute them, was about 61 years of age at the time of their execution. His wife had died eighteen days previously. There were no children. The defendants, Oscar B. Ewing and Icie L. Ewing, husband and wife, were neighbors of the plaintiff, whose wife was a half-aunt of Mrs. Ewing.

The plaintiff owned and lived on a tract of 15 acres…