Stone v. Stone

Mobley, Justice.

The motion for new trial contained the usual general grounds and five special grounds, which are in fact merely amplifications of the general grounds, and a sixth special ground complaining that the court charged as to actual assent to the vesting of the devise, which was not in issue, and failed to charge as to implied assent to the vesting of the devise, which was in issue.

*791The sixth special ground of the motion for new trial does not set forth the evidence relied upon to show that the issue was implied assent to the devise and not express assent, as was necessary-prior to…