McNee v. McNee

Unsoundness of mind which will invalidate contract must exist at very time contract is made, regardless of condition before or after. Rev. Laws, 2355; Dunphy v. Dunphy, 119 P. 512.

Opinions of nonexperts as to drunkenness several hours after ceremony, without facts stated upon which opinions are based is no proof at all. Baughman v. Baughman, 4 P. 1006.

Burden of proof is on plaintiff to prove extent of incapacity. 29 Cyc. 913. Presumption is for legality of contract. Evidence to repel must be satisfactory. 18 R.C.L. 427, Waughop v. Waughop, 143 P. 444. Presumption of legality of marriage is…