Clark v. Lopez

Citations

• 75 Miss. 932

Syllabus

<p>1. Deed. Execution obtained by fraud. Status quo.</p> <p>Where there is great weakness of mind in a grantor, arising from age, sickness or any other cause, though not amounting to absolute disqualification, and the consideration given is grossly inadequate, equity will, on proper and reasonable application by the injured party, or his heirs, vacate the deed, requiring complainant to restore the grantee to the status quo before its execution.</p> <p>3. Appellate Peactice. Oral evidence not of record. When will not cause affirmance.</p> <p>If the supreme court disregards the deposition of a party because the witness’ mental incapacity is apparent therefrom, it will not withhold a reversal for error because the witness was also examined orally in the chancery court, and the testimony orally delivered is not of record, even if the object of the oral examination was to enable the court below, by observation, to determine the witnesses’ capacity.</p>