Menkins v. Lightner
Illinois Supreme Court
In May, 1845, Sheber leased from William S. Moss, a lot in Peoria, for ten years, with the privilege of purchasing the same within that period at the sum of five hundred and fifty dollars. Sheber, in the mean time, to pay rent at the rate of $66.00 per year and all taxes. Sheber took possession and erected buildings which would rent for from $150.00 to $200.00 per year.
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In May, 1845, Sheber leased from William S. Moss, a lot in Peoria, for ten years, with the privilege of purchasing the same within that period at the sum of five hundred and fifty dollars. Sheber, in the mean time, to pay rent at the rate of $66.00 per year and all taxes. Sheber took possession and erected buildings which would rent for from $150.00 to $200.00 per year. On the 28th of February, 1850, Sheber assigned this lease and contract to Menkins, the consideration of which was $400, to he paid April 1, 1851. At the same time there was an agreement made between Sheber and Menkins, that if…
1Opinion of the CourtScates, C. J.
The chief question is one of fact, whether Sheber was of a sound and agreeing mind and memory on the several days in 1850 and 1853, when these contracts were made. A statement of a few principles of Taw, on the subject of insanity and lunacy, will facilitate the application of the facts.
The law presumes every man to be sane, until insanity is proven, the burthen of which lies upon the party alleging it. 2 Greenlf. Ev. Sec. 373 ; Jackson v. Van Dusen, 5 John. R. 154; Grabill v. Barr, 5 Penn. State R. 441.
When insanity or lunacy is once established to have existed, the presumption of its…
2Cited by13 opinions
- State v. LoweSupreme Court of Missouri · 1887
- Scanlan v. CobbIllinois Supreme Court · 1877
- Guild v. HullIllinois Supreme Court · 1889
- Carpenter v. RodgersMichigan Supreme Court · 1886
- Morecraft v. FelgenhauerIllinois Supreme Court · 1931
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