Legal Opinion

Hovey v. Chase

Supreme Judicial Court of Maine

Decided July 1, 1863PublishedCited by 8 opinions

On Exceptions to the rulings of Cutting, J., and on Motion to set aside the verdict. Real Action. Both parties claimed under Stephen Neal. The plaintiff alleged that the conveyance from Neal, under which the tenant claimed was invalid, because Neal, at the time of making it, was non compos mentis. The tenant offered an office copy of this deed in evidence, and it was admitted by the presiding Judge, against the demandant’s objection.

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On Exceptions to the rulings of Cutting, J., and on Motion to set aside the verdict. Real Action. Both parties claimed under Stephen Neal. The plaintiff alleged that the conveyance from Neal, under which the tenant claimed was invalid, because Neal, at the time of making it, was non compos mentis. The tenant offered an office copy of this deed in evidence, and it was admitted by the presiding Judge, against the demandant’s objection. The demandant offered the judgment of the Supreme Court, setting aside the will of said Neal, but it was excluded ; also, the record of the appointment of a…

1Opinion of the Court

The opinion of the Court was drawn by

Appleton, C. J.

It is in proof that Stephen Neal, *311from whom both parties derive their title, was decreed to be non compos and incapable of managing his own affairs, and was placed under guardianship by the Judge of Probate for this county, at a Court holden by him on the third Tuesday of April, 1834.

The disability thus imposed was removed by the same Judge, at a Court holden by him on the first Tuesday of the following September, on the ground that his intellect was so far restored that he was capable of managing his own affairs.

Upon the death of Stephen…

2Cases cited2 opinions

  1. Stewart's v. LispenardNew York Supreme Court · 1841
  2. Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825

3Cited by8 opinions

  1. Rhoades v. FullerSupreme Court of Missouri · 1897
  2. McAllister v. RowlandSupreme Court of Minnesota · 1913
  3. Durham v. SmithIndiana Supreme Court · 1889
  4. Wells v. WellsIndiana Supreme Court · 1926
  5. Bowden v. GrindleSupreme Judicial Court of Maine · 1996

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