Hopson v. Boyd
Court of Appeals of Kentucky
Appeal fom the Trigg Circuit. Detinue. Case 60. The case stated, An inquisition of lunacy is only prima facie evidence against strangers, and in Kentucky, is entitled to but little weight, unless it find the subject to be an idiot irom birth.
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Appeal fom the Trigg Circuit. Detinue. Case 60. The case stated, An inquisition of lunacy is only prima facie evidence against strangers, and in Kentucky, is entitled to but little weight, unless it find the subject to be an idiot irom birth. An individual sold two slaves at a fair price, for a tract of land, with the approbation of his_ father, received a conveyance, entered upon and enjoyed it for 16 or 17 years, when an inquisition was had and he found to be of unsound mind, his committee sued for the slaves.-Held that he was not entitled to recover, as the contract was fair and equal,…
1Opinion of the Court
Judge Makshall
delivered the opinion of the Court.
This action of detinue was brought in April, 1843, in the name of John Boyd, sueing as an idiot, by his committee, to recover two slaves which had been sold by Boyd in 1826, and for which a tract of land was conveyed to him in 1828, which was afterwards sold under an execution that issued on a replevin bond in which he had become security for his father. The cause was tried on the plea of non-detinet, and a plea denying the idiocy of Boyd at the time of his sale, which so far as it was material, amounted only to the general issue. The only *297quest…
2Cited by6 opinions
- Taylor v. TaylorIndiana Supreme Court · 1910
- Sucesión Cabrera v. AponteSupreme Court of Puerto Rico · 1921
- Williams Coal & Coke Co. v. SpearsCourt of Appeals of Kentucky (pre-1976) · 1938
- Heirs of Cabrera v. AponteSupreme Court of Puerto Rico · 1921
- Sanderson v. HaysCourt of Appeals of Kentucky · 1875
1 more not listed; retrieve them via the Exa API.