Cook v. Taylor

ANDERSON, Chief Justice.

Bill filed in equity by the appellant, Tom Cook, a nephew and heir of one Jennie Briggs, deceased, to set aside a deed made by her to the respondent, a great niece, to certain real estate situated in the town of Prichard upon the grounds of undue influence, fraud, and mental incapacity of the grantor, the said Jennie Briggs.

The main controverted issue was as to the mental capacity of the grantor when she executed the deed. ,

There was evidence tending to show that the grantor was an old woman and was in bad health for a couple of years before her death and that owing to…