Burnett v. Smith
Mississippi Supreme Court
From the chancery court of, second district, Hinds county. Hon. Bobert B. Mayes, Chancellor. Burnett and others, appellants, were complainants in the court below; Mrs. Smith, appellee, was defendant there. From a decree in defendant’s favor the complainants appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court. ' The preponderance of the evidence in this case shows that D. J. Hartzog was insane at the time he made the deed.
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From the chancery court of, second district, Hinds county. Hon. Bobert B. Mayes, Chancellor. Burnett and others, appellants, were complainants in the court below; Mrs. Smith, appellee, was defendant there. From a decree in defendant’s favor the complainants appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court. ' The preponderance of the evidence in this case shows that D. J. Hartzog was insane at the time he made the deed. The evidence in this case shows that the grantee had great influence over her father, and exercised that influence over him to…
1Opinion of the CourtCalhoon, J.
We think, on the evidence in this ease it impossible to reverse the holding of the court below that Hartzog was mentally capable when he made the deed. If he was of sound mind, he certainly made, acknowledged, and had this deed recorded, with every indication of consideration in his action — a deliberate purpose to give his property to his youngest child, a daughter, who had never left him. On the question as to his being induced to execute the deed by undue influence, we think there is no evidence to be found warranting the court in so holding. His daughter, Mrs. Smith, was incompetent as a…
2Cases cited2 opinions
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Wood v. StateMississippi Supreme Court · 1881
3Cited by41 opinions
- Cotton v. McConnellMississippi Supreme Court · 1983
- Norris v. NorrisMississippi Supreme Court · 1986
- Moor v. ParksMississippi Supreme Court · 1920
- In Re: Estate of Donne'ly v. AshbySupreme Court of Florida · 1938
- Peacock v. DuboisSupreme Court of Florida · 1925
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