Harris v. Harris

Sharpstein, J.: The findings of the jury that the deed from J. H. Harris to E. A. Harris was not signed by the former, or by any one authorized by writing to sign it, and that said deed was not delivered to the defendant (E. A. Harris) by J. H. Harris, or by any one authorized by him to deliver it, arc attacked by [621]the appellant on the alleged ground of insufficiency of the evidence to justify them.

There is no conflict in the evidence upon either of these points. Mr. McKissick, who was called by the plaintiff) testified on his direct examination that on “ the morning of May 17, 1880, Mr. E. A. Harris (father of the deceased, J. H. Harris), and A. A. Smith, and John N. White, and Doctor George Hurley, came into the deceased’s room together, and E. A. Harris said: ‘Didn’t you tell me a few days ago that you wanted to transfer the property back to me that I transferred to you last fall? Do you want to sign it?’ and deceased said ‘Yes;’ then A. A. Smith (a Notary Public and conveyancer) read over the description to him (deceased), and told him ‘ it was the same land that his father had conveyed to him (deceased) last fall,’ and said: ‘Do you want to sign it?’ and Jimmy said ‘Yes;’ then Doctor Hurley said: ‘Can’t I help you?’ and they raised him up in bed and put pillows to his back, and Doctor Hurley took hold of his right hand, and put the pen in his hand (in the usual position for writing), and guided his hand, and signed his name to the deed; then Smith (the Notary) placed the deed on the table (near by), and I (witness) signed it as a witness, as did also John N. White; then Smith (the Notary) took it, and asked him (deceased) the usual acknowledgment, and if he acknowledged it, and he (deceased) said ‘Yes;’ then said Smith and E. A. Harris went out of the room.” And on his cross-examination, that after the Notary had asked J. H. Harris if he acknowledged the deed, and he had answered “Yes,” Smith (the Notary) gave the deed to E. A. Harris (the defendant), and they went out together.” Several witnesses were examined as to what occurred when the deed was signed, and they all corroborated this witness. No one contradicted him.

If, as the jury found, J. H. Harris was “in the possession and use of his mental faculties at the time said deed was signed, so as to be capable of understanding and comprehending what was being done in the execution of said deed,” the findings first above referred to were not justified by the evidence. It was not necessary that the person who guided the hand of J. H. Harris while he was writing, should be authorized by writing to do so. “One signing a contract commonly