# Brown v. Brown

> Michigan Supreme Court · November 22, 1878 · 39 Mich. 792

URL: https://www.frixlaw.com/law-library/cases/7929187

## Case

- **Full name:** Perry Brown v. Phebe M. Brown
- **Court:** Michigan Supreme Court
- **Decided:** November 22, 1878
- **Citations:** 39 Mich. 792; 1878 Mich. LEXIS 418
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Cooley
- **Judges:** Cooley, Other
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7929187

## Opinion text

Cooley, J.
This is a bill filed by the heirs-at-law of John S. Brown to set aside a conveyance made by him in his last illness to his wife, the defendant. The grounds of .relief set out in the bill axe,.first, undue influence on the part of the wife in procuring the conveyance; and second, that when the conveyance was made the grantor was mentally incompetent to the transaction of any business whatever.
The first ground is not supported by any evidence, and was not urged on the argument. The second has considerable evidence in its support, and the case is one in which the court must necessarily be left by the conflicting evidence in a state of' some perplexity and doubt respecting the real facts. It seems plain that the grantor was mentally incompetent to transact business a very short time after the deed was executed, and there is no very clear assurance that he was not so at the very time.
In such a case, however, the burden of proof is upon those who assail the conveyance, and we are of opinion that the preponderance of evidence on the subject of mental capacity is not with'the complainants. As the question is purely one of fact, no important purpose can *793 be subserved by examining the ease in detail, and we therefore content ourselves with this general statement.
The decree is affirmed with costs.
The other Justices concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7929187. Public record. Not legal advice.