Teegarden v. Lewis

On Petition foe Rehearing.

Hackney, C. J.

— Counsel for the appellee again insist that the finding that Deer was, at the times in question, of “unsound mind,” was a finding of fact, and not a conclusion.

*109We have carefully considered the argument made, and are constrained to adhere to our original holding upon that question. It is urged, also, that when insanity was found, the burden rested upon the appellants to prove that it did not affect the gift, and that since the special verdict omits a finding that such proof was made, the failure in this respect will be deemed the failure of the…