Smith v. Smith

Grice, Presiding Justice.

This appeal is from the denial of a defendant’s motion for new trial and also the denial of his motion for judgment notwithstanding the verdict, in an action involving a deed. The action was filed in the Superior Court of Laurens County by Lenice Smith, as administratrix of the estate of her mother, Mrs. O. W. Smith, against her brother Ralph J. Smith. Count 1 of the complaint sought cancellation of a deed upon the grounds of undue influence and mental incomptency. Count 2 sought that the land be impressed with a trust for the benefit of another brother, who was…