(DOWNLOAD) "Davis v. Davis" by Supreme Court of North Carolina # Book PDF Kindle ePub Free
eBook details
- Title: Davis v. Davis
- Author : Supreme Court of North Carolina
- Release Date : January 07, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The verdict of the jury in this case eliminates a consideration of fraud or undue influence. Plaintiff's case rests on the allegation and evidence offered in support thereof to the effect that at the time of the execution of said deeds, plaintiff did not possess sufficient mental capacity to make and execute the same or to know and understand the nature and extent of his acts. In the case of Lamb v. Perry, 169 N.C. 436, 88 S.E., 179, this Court said: ""The mental capacity required for the valid execution of a deed is the ability to understand the nature of the act in which the party is engaged and its scope and effect, or its nature and consequences -- not that he should be able to act wisely or discreetly, nor to drive a good bargain, but that he should be in such possession of his faculties as to enable him to know at least what he is doing and to contract understandingly. . . . A want of adequate mental capacity of itself vitiates the deed, while mere mental weakness or infirmity will not do so, if sufficient intelligence remains to understand the nature, scope, and effect of the act being performed.""
 "Davis v. Davis" by Supreme Court of North Carolina # Book PDF Kindle ePub Free){kind=link}