Burnham v. Kidwell
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Franklin Blades, Judge, presiding. This was an action of ejectment, brought by John W. Kid-well, an idiot, as plaintiff, by J. M. Crigles, his conservator, against Mary A. and Clara E. Burnham, and their tenant, for one-half of the premises in dispute. On a trial by the court, without a jury, the plaintiff obtained judgment for the recovery of the premises, and the defendants perfected .this appeal.
1Opinion of the CourtChief Justice Scholfield
The question whether a deed made by an idiot or lunatic, before the fact has been found by a jury and a conservator appointed, is void, or only voidable, can hardly be regarded as open to argument, in this State. The first section of our statute in relation to idiots, lunatics, etc., provides for the impaneling of a jury to find whether a person is an idiot or lunatic, and requires the court to appoint a conservator, when he shall be so found. The 14th section of the same statute declares that “every note, bill, bond, or other contract, by any idiot, lunatic, etc., * * * made after the…
2Cases cited3 opinions
- Scanlan v. CobbIllinois Supreme Court · 1877
- Keil v. HealeyIllinois Supreme Court · 1876
- Russell v. SloanSupreme Court of Vermont · 1861
3Cited by16 opinions
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Brandt v. PhippsIllinois Supreme Court · 1947
- Bowman v. WadeOregon Supreme Court · 1909
- homas E. Walton v. MalcolmIllinois Supreme Court · 1914
- Harmon v. HarmonU.S. Circuit Court for the Northern District of Illnois · 1892
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