1843 Alexander Brooks vs. Siddy Brooks

Stanly County Court Minutes

The 1843 Minutes of Stanly County Court:

1843 Minutes - March Term: Alexander Brooks versus Siddy Greene Brooks: This was an action of Ezekiel's indictment trial before his Honorable Judge Little at Spring Term 1843 of the Supreme Court of Stanly County. The Defendant pleaded specially her covertness and no guilty. The Plaintiff offered in evidence a grant from the State in 1783 to William Brooks for the 100 acres of land mentioned in the declaration and the Will of William Brooks dividing the ???????? Ezekiel Brooks. The lessor of the Plaintiff further offered in evidence the inquest of a jury in the year 1818 finding the said Ezekiel to be an idiot and also another inquest of a jury following in 1836 finding the said Alexander Brooks lessor of the Plaintiff as guardian for said Ezekiel Brooks by the County of Montgomery in 1836. It was admitted the Defendant was in possession of the land In controversy and has been for 20 years and was claiming as the wife of Ezekiel Brooks from her intermarriage with him - about the year 1820. The lessor the Plaintiff introduced several examples to prove that Ezekiel Brooks at the time of the alleged marriage was from mental inability incapable of entering into the marriage contract and the Defendant also introduced a number of examples to prove that said Ezekiel Brooks at the of the alleged marriage and for several years thereafter had sufficient mental capacity to contract marriage and did contract marriage with the Defendant. The Defendant's counsel then moved the court to instruct the jury that if they are satisfied from the evidence that Ezekiel Brooks had mental capacity to enter into marriage contract with the Defendant, then the Plaintiff could not recover in this action upon the demise laid in the declaration of Alexander Brooks individually and not as guardian - for that the demise should have been laid in the name of Ezekiel Brooks by his guardian, Alexander Brooks, or in the name of Alexander Brooks as guardian of Ezekiel Brooks. A copy of said declaration is hereunto appended, Marked A and forms a part of this case. That the Plaintiff could not recover in this action admitting the demise to be laid correctly as to have been in the name of the Ward by his guardian or in the naming the lessor of the Plaintiff as guardian against the wife of the Ward. These questions of the law were seconded by the Court. His Honor charged the jury that the two inquests offered in evidence was prima facia. Witness of the insanity of Ezekiel Brooks , but not conclusive that it was competent for the Defendant to introduce testimony to satisfy them that Ezekiel Brooks at the time of his intermarriage with the defendant had capacity to do any binding act was the understanding to know the immediate end of this acts in relation to himself, consequences his fellow being, and his creator and of the evidence offered by the Defendant satisfied them (in apposition to the presumption arising from the finding of the jury of inquest and the testimony offered by Plaintiff that Ezekiel Brooks had Capacity at the time of alleged marriage with the Defendant to know his rights and duties and natural consequences of his acts then he could do binding acts although he might not be able to reason correctly in the ___ and uncertain sense of his actions - they would then find in favor of the Defendant.