Eleanora Bell v. Susan Armistead. Defendant's Jury Instructions
Defendant's 1st Prayer
If the jury believe from the evidence that the Deed exhibited on the trial purporting to be a Deed of Manumission made by Robert Armstead, executed & acknowledged at the asylum alms house, is not the Deed which the said Armstead executed and acknowledged at the said asylum alms house, then the Petitioner is not entitled to recover.
Defendant's 2d Prayer
If the jury believe from the evidence that the said Robert Armstead at the time of making the said Deed in question, was not of sound and disposing mind – was incapable of attending to his ordinary business, from mental weakness – or incapable of disposing of his property with understanding and reason – then the petitioner is not entitled to recover.
And if the jury are satisfied believe from the evidence that such mental weakness and incapacity existed at any time prior to the execution of the said Deed, then the law presumes such state of mind to have continued; & the burden of proving his mind was sound & [torn page] capable of disposing of his property with understanding & reason, at the time of executing the said Deed is thrown[?] upon the Petitioner.
Defendant's 3d Prayer
If the jury believe from the evidence that at the time of executing the Deed in question, the said Robert Armstead was of a very weak and credulous mind – that the Deed in question was executed whilst he was at the alms house, away from and out of the presence of his family, and that the same was obtained by undue influence or fraud - then it is not his Deed, and the Petitioner is not entitled to recover.
