Hudson v. . Hudson
Supreme Court of North Carolina
Civil actioN, tried before Ward, J., and a jury, at January Term, 1907, of the Superior Court of Oabaebus County. Plaintiffs seek to have a deed, executed by Sarah A. Hudson to defendant, cancelled for that she did not have, at the time of executing the same, sufficient mental capacity to understand the force and effect of her act. The only issue submitted to the jury was directed to that question.
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Civil actioN, tried before Ward, J., and a jury, at January Term, 1907, of the Superior Court of Oabaebus County. Plaintiffs seek to have a deed, executed by Sarah A. Hudson to defendant, cancelled for that she did not have, at the time of executing the same, sufficient mental capacity to understand the force and effect of her act. The only issue submitted to the jury was directed to that question. They introduced a number of witnesses whose testimony tended to sbow that the grantor was, at the date of the deed, about eighty-five years of ag’e, in feeble health and subject to “spells” or…
1Opinion of the Court
Connor, J.,
after stating the case: This Court, in Ballew v. Clark, 24 N. C., 23, said: “The general rule is that sanity is to be presumed until the contrary be proved; and when. an. act is sought to be avoided on the ground of mental imbecility the proof of the fact lies on the person who alleges it. On the other hand, if a general derangement be once established or conceded, the presumption is shifted to the other side and sanity is then to be shown at the time the act was done. Similar language is used in Wood v. Sawyer (Johnson will case), 61 N. C., 251 (p. 277). The general principle…
2Cases cited6 opinions
- Brown v. RigginIllinois Supreme Court · 1880
- Wood v. . SawyerSupreme Court of North Carolina · 1867
- State v. . SewellSupreme Court of North Carolina · 1855
- Stewart v. FlintSupreme Court of Vermont · 1886
- Ballew v. . ClarkSupreme Court of North Carolina · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jones v. . WinsteadSupreme Court of North Carolina · 1923
- In Re Will of George v. CredleSupreme Court of North Carolina · 1918
- Jones v. . WinsteadSupreme Court of North Carolina · 1923
- Robin v. Sydeman Bros.Supreme Court of Virginia · 1932