Hardee v. Hardee

EXUM, Justice.

This is an action for damages and to set aside a deed conveying real property on the grounds of mental incapacity and undue influence. At trial the jury answered the mental capacity issue favorably to defendants and the undue influence issue favorably to plaintiff. The questions on appeal are whether the evidence is sufficient to be submitted to the jury on the undue influence issue and whether the trial court erred in admitting into evidence a certain conversation between plaintiff, Johnnie Hardee, and the deceased grantor. A majority of the Court of Appeals answered both…