Mulloy v. Ingalls
Nebraska Supreme Court
Appeal from the district court of Douglas county. The district court having rendered a decree foreclosing a mortgage executed by the defendants, Catherine L. Ingalls brought the cause here to reverse that decree. The facts fully appear in the opinion of the court. contended that Catherine L. Ingalls, at the time of the execution of the mortgage in question, was not of sufficient capacity to.convey or to execute the same.
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Appeal from the district court of Douglas county. The district court having rendered a decree foreclosing a mortgage executed by the defendants, Catherine L. Ingalls brought the cause here to reverse that decree. The facts fully appear in the opinion of the court. contended that Catherine L. Ingalls, at the time of the execution of the mortgage in question, was not of sufficient capacity to.convey or to execute the same. Such want of capacity is sufficient ground for avoiding the contract. Lincoln v. Buckmaster, 32 Vermont, 653. Jackson v. King, 4 Cow., 207. Matter of Barker, 2 Johns. Chan.,…
1Opinion of the CourtGantt, J.
The plaintiff instituted suit in equity against the defendants to foreclose a mortgage, and his petition is *117in tlie usual form in such cases. There was a default as to the defendant O. P; Ingalls; and the defendant Catherine L. Ingalls makes defense to the suit on the ground, as alleged in her answer, that at the time she signed the mortgage, “.she was so prostrated .both in her mind and body by sickness that she was thereby deprived of her reason, and could not and did not agree in mind to the execution of said mortgage;” or in other words, as it is contended, that by reason of weakness of…
2Cases cited3 opinions
- Stewart's v. LispenardNew York Supreme Court · 1841
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Blanchard v. NestleNew York Supreme Court · 1846
3Cited by8 opinions
- Dewey v. AllgireNebraska Supreme Court · 1893
- Aldrich v. SteenNebraska Supreme Court · 1904
- Brugman v. BrugmanNebraska Supreme Court · 1913
- Eggert v. SchroederNebraska Supreme Court · 1954
- Little v. CursonNebraska Supreme Court · 1926
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