150 Ga. 724 | Ga. | 1920
.1. A careful examination of the evidence discloses that there is no evidence of mental incapacity on the part of the grantor at the time of the execution of the deeds. The nearest approach to it was by the evidence of the husband, of the plaintiff, who testified that the grantor’s “mind seemed to come and go. He could not remember what had been said to him.” Other evidence, both for the plaintiff and the defendant, was to the effect that the grantor was a man about seventy-five years of age and that he was “in Ms right mind.” His physician also testified that “his mind was as sound and his mental faculties as alert as are the generality of men of his age.” We think that on this branch of the case, i. o., of insanity or mental incapacity, there is no evidence to support the plaintiff’s petition.
Judgment afp,rm,ed.