Smith v. McClure

1. This is an action brought by an administrator to cancel a conveyance of land, made by his intestate to the defendant, on the ground that the intestate, at the time of the execution of the deed, was insane. On the trial the court instructed the jury as follows: “ The plaintiff contends . . that the deceased . . was insane and incapable of making a valid deed of conveyance at the time it is alleged he conveyed the property to the defendant, which allegation the defendant denies. I charge you that mere weakness of the mind resulting from old age, or feebleness of health, not amounting to…