
    James H. Gray, Adm’r vs. Amanda M. Basley and Trustee. Same vs. Ethel Basley and Trustee.
    Washington County.
    Decided November 15, 1923.
    This is an action of trover brought by-James H. Gray, Administrator of the estate of John S. Calkins, deceased, against each of the defendants for the alleged conversion of the stock in trade of said John S. Calkins, described in a bill of sale marked Defendant’s Exhibit 1, the admitted value of which is $6,823.43, and is before this court upon a motion for a new trial upon the usual grounds.
    The case depends upon the validity of this bill of sale which in turn hinges upon the mental capacity of said John S. Calkins at the specific time when said Calkins signed this bill of sale, i. e., about one o’clock in the afternoon of July 8, 1920.
    The evidence upon the mental capacity of John S. Calkins to execute the bill of sale in question was very conflicting, and may be said to have left the decision of the case upon the preponderance of the evidence; in other words, the case was so close that the court is of the opinion that a verdict either way rendered by a jury would be based upon such evidence as would fail'to justify the court in interfering. Accordingly whatever decision the court might have rendered had they the powers of a jury, they are oftthe opinion that, inasmuch as the jury has found a verdict upon the evidence which presented a pure question of fact, they are not justified in disturbing the verdict.
    Motion overruled.
    
      J. E. Gray and Gray & Sawyer, for plaintiff. E. E. Saunders, Oscar L. Whalen and L. E. Newcomb, for defendants.
     