Crutchfield v. McCallie

Duckworth, Justice.

In special grounds, 1, 2, 4, 6, and 7 of the motion for a new trial complaint is made because the court charged the jury upon the subject of undue influence. It is contended that there was no evidence to support a charge on this issue; and that the charge was prejudicial to the movants, because the jury were thereby led to believe that the evidence might be sufficient to authorize the setting aside of the will on the ground of undue influence on the part of William Crutchfield. Where instructions are given that are not warranted by the evidence and are calculated to mislead…