Watson v. Jackson

(after stating the facts as above). Careful consideration of the evidence in the statement of facts sent to this court has convinced us that it did not warrant a finding that appellee was without mental capacity to make the deed to his mother in question, and that the trial court therefore erred when he refused appellant’s request that he instruct the jury to return a verdict in their favor.

The burden was on appellee to prove such mental incapacity, and we think he wholly failed to discharge it. There was evidence that the kind of epilepsy from which ap-, pellee had suffered. 20 or more years…