Mary Bell v. Susan Armistead. Defendant's Bill of Exceptions



Excepted to by Deft

That if from the whole evidence aforesaid the Jury shall find that the said deed was executed acknowledged, act and delivered by the said Robert Armstead & recorded as stated in said evidence the Jury will find for the Petitioner unless they shall further find from the said Evidence that at the time of execution thereof the said Robert Armstead was by reason of mental unsoundness incapable of understanding and acting in his own ordinary concerns, in the ordinary affairs of life; and by reason of such unsoundness of mind incapable of understanding what he did, by executing the said deed, when its general import was explained to him: Or that the said deed was procured from him by undue influence amounting to fraud or force and co-ercion destroying free agency, so that he was constrained to execute the same; but if the Jury shall find that the said deed was executed merely to gratify the desire of another from the mere desire to gratify the wishes of another, that alone will not make it void

That the force and coertion above mentioned may be either Physical or Moral, or both, either by "force and coertion" used upon the person of Armistead, or upon his mind, to such degree that his own free will was restrained or constrained in the execution of said deed

Given - nem. con. 6 Decr 1847

The Petitioner Excepts to the refusal of the Court to give the instructions as prayed


Which instruction the court refused to give as prayed; but did added thereto the words[?] [torn page] and [torn page] before the word "force" so as to make the said instruction read, "was procured from him by undue influence "amounting to fraud or force" &c & so gave the said instructions To which refusal of the court to grant the said instruction as prayed, as also to the instruction as given the Petitioner by her counsel Excepts, and prays the Court to sign and seal this her Bill of Exceptions and to cause the same to be enrolled according to the statute &c. [torn page]

Jas S. Morsell {seal}
Jas Dunlop {seal}


96. 126

Trials March