Bevin v. Powell
Missouri Court of Appeals
Error to the St. Louis Circuit Court, Wickham, J. A grantor in a deed may avoid his conveyance by proof that he was non compos mentis at the time of its execution. — Crawford v. Scovel, 20 Am. L. Rec., 61; Bensell v. Chancellor, 5 Whart. 371; Gibson v. Soper, 3 Gray, 279. “ Mental incapacity at the time of contracting is a good defence against a contract, whether that contract be evidenced by deed or parol.
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Error to the St. Louis Circuit Court, Wickham, J. A grantor in a deed may avoid his conveyance by proof that he was non compos mentis at the time of its execution. — Crawford v. Scovel, 20 Am. L. Rec., 61; Bensell v. Chancellor, 5 Whart. 371; Gibson v. Soper, 3 Gray, 279. “ Mental incapacity at the time of contracting is a good defence against a contract, whether that contract be evidenced by deed or parol. If the mind be incapable of assenting, the law pronounces the contract void.”— Reinskoff v. Rogge, 37 Ind. 207; Tolson v. Garner, 15 Mo. 494; Briggs v. Ewart, 51 Mo. 274; Martin v. Smylee,…
1Opinion of the Court
Thompson, J.,
delivered the opinion of the court. .
William T. Bevin, the ancestor of the present plaintiffs, brought this action to set aside a deed of trust executed by him, on the ground that at the time of its execution he was non compos mentis. His original petition, in addition to an allegation that he was of unsound mind at the time he made the deed, contained charges of fraud. Upon this petition the county court, during a vacation of the circuit court, granted him an injunction against the enforcement of the deed of trust. Afterwards he was permitted by the circuit court, without…
2Cases cited34 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Lancaster v. Washington Life InsuranceSupreme Court of Missouri · 1876
- Brady v. ConnellySupreme Court of Missouri · 1873
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3Cited by21 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- Nelson v. WithrowMissouri Court of Appeals · 1883
- Weidenhoft v. PrimmWyoming Supreme Court · 1908
- McNeil v. Home InsuranceMissouri Court of Appeals · 1888
- Smith v. ZimmermanMissouri Court of Appeals · 1892
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