Gregory v. McFarland

JUDGE BULLITT

delivered the opinion op the court:

The appellant relies upon the fact that R. M. McFarland was of unsound mind on the 2d of February, 1861. Whether or not that fact, if it had been established by allegation and proof, would have entitled the appellant to any relief, we need not decide, because, in our opinion, he failed to allege the fact.

*60His only allegation upon the subject is, that, in March, 1862, said McFarland was judicially found to be of unsound mind, and to have been of unsound mind for nearh' two years preceding that time.

As the law makes it the duty of the jury to…