{
  "id": 8697962,
  "name": "CICERO J. LAWRENCE, by his next friend, v. WM. M. WILLIS and others",
  "name_abbreviation": "Lawrence v. Willis",
  "decision_date": "1876-06",
  "docket_number": "",
  "first_page": "471",
  "last_page": "473",
  "citations": [
    {
      "type": "official",
      "cite": "75 N.C. 471"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.499,
    "pagerank": {
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    "simhash": "1:bb27d1f852bf42b5",
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  "last_updated": "2023-07-14T18:17:21.962704+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "CICERO J. LAWRENCE, by his next friend, v. WM. M. WILLIS and others."
    ],
    "opinions": [
      {
        "text": "Bynum, J.\nThe complaint alleges that the plaintiff \u201c is a person of exceeding weak and feeble intellect and incapable of taking care of himselfand \u201cthat at the time the paper writing was signed and delivered the said Cicero was in the weak condition set forth in the first allegation.\u201d The answer denies these charges. The issue framed and submitted to the jury upon these allegations is this : \u201cWas the grantor Cicero J. Lawrence, at the time of the execution of the deed, capable of making a deed ?\u201d\nWe do not think the complaint warranted this issue. A person may be of exceeding weak and feeble intellect, and incapable of taking care of himself, and at the same time be capable of making a deed.'\nAs Cicero had bodily as well as mental infirmities, it does not appear and is not charged whether his incapacity to take care of himself resulted from the one cause or the other. So also, the issue as framed is uncertain, in that it does not specifically involve an enquiry into the mental capacity of the plaintiff to make the deed in question. He might, from other causes, as duress, bodily infirmity, or undue influence, have been incapable of executing the deed. If the complaint had been definite and certain in charging mental incapacity, the issue might have been helped out by reference to the allegations of the complaint.\nWeakness of intellect, short of non-sane mind and memory, may not of itself be sufficient to invalidate a deed, but in a Court of equity that, in connection with the fact that the deed is made in favor of a near relation, who stood in peculiarly intimate relations with the bargainor, and is prejudiced and unfair to the bargainor or other suspicious circumstances going to show that the weakness, such as it is, has been taken advantage of, may be sufficient to set aside the deed. Adams\u2019 Eq., 182 and notes.\nThere is error. Judgment reversed and case remanded, with leave to the parties to amend the complaint and answer, if they desire, and submit such issues as may arise upon the pleadings.\nPee Cueiam. Judgment accordingly.",
        "type": "majority",
        "author": "Bynum, J."
      }
    ],
    "attorneys": [
      "No counsel in this Court for appellants.",
      "Hubbard and Bryan, contra."
    ],
    "corrections": "",
    "head_matter": "CICERO J. LAWRENCE, by his next friend, v. WM. M. WILLIS and others.\nWhere it is alleged in a complaint died in an action brought for the pur\" pose of cancelling a deed, \u201c that at the time the paper writing was signed and delivered, the said Cicero\u201d (the grantor) \u201cwas in the weak condition set forth in the first allegation,\u201d and the answer denies these charges: Held, tha\u00a3 the complaint did not warrant the issue submitted to the jury, to-wit: \u201c Was the grantor, Cicero J. Lawrence, at the time of the execution of the deed, capable,of making a deed ?\u201d\nThis was a Civil Action demanding the cancellation of a \u25a0deed and other relief, tried before his Honor Judge McKov, at Fall Term, 1875, of Carteret Superior Court.\nThe complaint states that Cicero J. Lawrence, in whose behalf his next friend, John W. Davis, brings this-suit, is a brother of Abigail Davis, wife of said John, and that the said Cicero is now, and has been for several years, an inmate of his house; that he, the said Cicero, is a person of exceeding weak and feeble intellect, and incapable of taking care of himself, or providing at all for his necessary wants, and the greatest portion of his time unable to do any work. That in addition to this, that he is subject to violent attacks of a strange and dangerous disease which renders him perfectly mad, and when in this condition he requires the attention and constant care of some friend.\nThat the said Cicero was entitled to considerable real and personal property; and that on the 24th February, 1866,he signed a paper writing, purporting to be-a deed, whereby he conveyed to his sister, Bathsheba Jane Simpson, who after-wards married the defendant, Wm. M. Willis, all his estate, real and personal, \u201c for the purpose of securing the care and assistance of some one, which was so necessary to one.thus situated,\u201d in trust to permit the said Cicero to enjoy and receive the rents and profits during his natural life, &c; There were other allegations in the complaint not necessary to state, as the case was decided upon the one of the ability of the said Cicero to execute the deed in question.\nThe answers of the defendants admitted the execution of the deed and the state of the said Cicero\u2019s mental and bodily weakness, but denied that the deed was procured through undue influence and fraud as was charged, and also denied other allegations which, for the purposes of this suit, it is unnecessary to state.\nOn the trial below, the. following issue was submitted to the jury, viz :\nWas the grantor, Cicero J. Lawrence, at the time of the execution of the deed, capable of making a deed ?\nThe counsel for the defendants objected to this issue, \u201c that it was not authorized by the complaint.\u201d The Court allowed the issue to be submitted, and the defendants excepted.\nThere was a verdict in favor of the plaintiff. Judgment* and appeal by defendants.\nNo counsel in this Court for appellants.\nHubbard and Bryan, contra."
  },
  "file_name": "0471-01",
  "first_page_order": 479,
  "last_page_order": 481
}