Lee v. Lee
Supreme Court of Missouri
Appeal from Christian Circuit Court. — Hon. John T. Moore, Judge. (1) The burden is on the party asserting the mental incapacity of the grantor at the time of making the deed. Cutler v. Zollinger, 117 Mo. 92. (2) If a person understands the nature of the business and the effect of what he is doing his acts are valid, and this is true though the mind of such person may be impaired by old age and disease.
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Appeal from Christian Circuit Court. — Hon. John T. Moore, Judge. (1) The burden is on the party asserting the mental incapacity of the grantor at the time of making the deed. Cutler v. Zollinger, 117 Mo. 92. (2) If a person understands the nature of the business and the effect of what he is doing his acts are valid, and this is true though the mind of such person may be impaired by old age and disease. Cutler v. Zollinger, 117 Mo. 101; Cutts v. Young, 147 Mo. 587; Richardson v. Smart, 65 Mo. 14; Keithley v. Keithley, 85 Mo. 217; Boggess v. Boggess, 127 Mo. 305. (3) The exercise of undue…
1Opinion of the Court
LAMM, J. —
Henry and James, two sons of John Lee, deceased, sue his other heirs in equity in the Christian Circuit Court to set aside a certain conveyance made by him to his daughter, defendant Beasley, and to vest title in the heirs of Lee as tenants in common, joining a count in partition. Mrs. Beasley, on this record, alone answered. For some undisclosed reason, the count in partition fell out of the case. A decree in plaintiffs’ favor stops short with vesting title in the widow and heirs of said John Lee. Mrs. Beasley alone of the defendants appealed, and plaintiffs rested content without…
2Cases cited5 opinions
- Anderson v. GainesSupreme Court of Missouri · 1900
- Hughes v. RaderSupreme Court of Missouri · 1904
- Studybaker v. CofieldSupreme Court of Missouri · 1901
- Keithley v. KeithleySupreme Court of Missouri · 1884
- Pennington v. StantonSupreme Court of Missouri · 1894
3Cited by17 opinions
- Conrad v. Diehl.Supreme Court of Missouri · 1939
- Sebree v. RosenSupreme Court of Missouri · 1961
- Pass v. StephensArizona Supreme Court · 1921
- Amado v. AguirreArizona Supreme Court · 1945
- Jacobs v. CauthornSupreme Court of Missouri · 1922
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