Garrow v. . Brown

If the case stood alone upon the mental incapacity of Jesse Whitaker, deceased, we might feel constrained to send it to a jury to have an issue on that point tried.

It seems an inquisition was had in Buncombe, according to the usages of law, which resulted in a verdict that the subject was non compos mentis, which was reported to the county court at its April Session, 1857. From this there was an appeal to the Superior Court of the county, and this appeal was pending at the time of his death.

The evidence which has been laid before us preponderates, we feel at liberty to say, in favor of the…