Ballew v. . Clark
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law of Surry County, at October Term, 1841, his Honor Judge Bailey presiding. The following is the case reported by the Judge. — This was an action of ejectment.
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This was an appeal from the judgment of the Superior Court of Law of Surry County, at October Term, 1841, his Honor Judge Bailey presiding. The following is the case reported by the Judge. — This was an action of ejectment. The plaintiff offered in evidence a paper writing, purporting to be a deed for the land in controversy, from Meredith Bal-lew, who is still alive, to the lessor of the plaintiff, and proved that the defendant held as tenant under the said Meredith-The sole question was, whether, at the time of the execution PaPñr the said Meredith was of sane mind. A. great variety of…
1Opinion of the CourtDaniel, J.
We are of the opinion that the charge of the Judge was correct. 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, 3 Kent’s Com. 451, (3d ed.) 3 Bro. 441. 13 Ves. 88. Jackson
v Vanduson, 5 Johns. Rep. 144. The case states, that the defendant was the…
2Cited by3 opinions
- Hudson v. . HudsonSupreme Court of North Carolina · 1907
- In Re Will of George v. CredleSupreme Court of North Carolina · 1918
- Teague v. Springfield Life Insurance Co.Court of Appeals of North Carolina · 1982