Kedward v. Campbell

Citations

• 166 Pa. 365
• 31 A. 114
• 1895 Pa. LEXIS 1214

Syllabus

<p>Judgment—Mental incapacity of maker of judgment note—Evidence—. Auditors finding of facts.</p> <p>A judgment entered on a judgment note will be declared invalid where the evidence shows that the note was signed by the obligor in the extremity of his last illness, forty-eight hours before his death, when he was entirely prostrated mentally and physically and incapacitated from understanding the effect of his act; that the contents of the paperwerenot explained to him, and the subscribing witnesses are not able to say that, when he was asked whether the signature to the paper was his, he made an affirmative answer.</p> <p>The findings of facts to the above effect, approved by the court, will not be disturbed by the Supreme Court where there is sufficient testimony to sustain the findings.</p>