Higgins v. Trentham

Atkinson, Presiding Justice.

The rulings announced in the first headnote do not require elaboration.

The first special ground of the motion for a new trial complains of this instruction to the jury: “To establish incapacity in *268a grantor, he or she must have been shown to have been, at the time the contract was made, non compos mentis, which means entirely without understanding.” This instruction is criticised, in part, as stating an unsound abstract principle of law, because the “rule of law is that to establish incapacity in a grantor it is sufficient to show that she did not have sufficient…