Martin v. Ewing

Maxwell, Judge :

From a decree of tbe circuit court of Kanawba County cancelling a deed and a bill of sale tbe defendants appeal.

Tbe plaintiff, H. L. Martin, who sues by A. E. Price, bis next friend, to cancel said instruments on tbe ground of tbe grantor’s mental incompetency to execute them, was about 61 years of age at the time of their execution. His wife bad died eighteen days .previously. There were no children. Tbe defendants, Oscar B. Ewing and Icie L. Ewing, husband and wife, were neighbors of tbe plaintiff, whose wife was a half-aunt of Mrs. Ewing.

The plaintiff owned and lived on a…