Vereen Ex Rel. Vereen v. Bell

Bussey, Justice.

This is an action to rescind and cancel a deed to real estate on the ground of alleged mental incapacity of the grantor, John B. Vereen. Although tried below and argued here, without objection, as an action at law, it is clear that the case is one of equitable jurisdiction. Byrd v. King, 245 S. C. 247, 140 S. E. (2d) 158; Mills v. Little, 158 S. C. 17, 155 S. E. 148; Shute v. Shute, 79 S. C. 420, 60 S. E. 961; Sims v. McClure, 8 Rich. Eq. 286; 12 C. J. S. Cancellation of Intsruments § 2, p. 943; 13 Am. Jur. (2d) 497, Cancellation of Instruments, Sec. 2; also 13 Am. Jur. (2d)…