Calhoun v. Jacobs

EDGERTON, Associate Justice.

This is a suit by a grantor’s heirs to set aside, on the ground of the grantor’s mental incapacity, a conveyance of real property to a stranger. Over the objection of the grantee, the heirs were allowed to prove by medical testimony and hospital records that the grantor was insane. The grantee appeals from a judgment in favor of the heirs. The only question we need consider is whether the testimony and records should have been excluded because of a statute which provides that “no physician or surgeon shall be permitted, without the consent of the person afflicted,…