Legal Opinion

Penington ex rel. Thompson v. Thompson

Court of Chancery of Delaware

Decided September 15, 1880PublishedCited by 2 opinions

Information by the Attorney General to set aside a DEED MADE BY A PERSON OF UNSOUND MIND. On motion to dismiss the information.

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Information by the Attorney General to set aside a DEED MADE BY A PERSON OF UNSOUND MIND. On motion to dismiss the information. The information exhibited in this cause states that John Thompson and his wife on the 17th day of June, 1876, executed under their hands and seals a paper in the form of an indenture of bargain and sale, and purporting to be for the consideration of $5,000, to convey unto William H. Thompson and Jane M. Thompson, the defendants, as tenants in common, in fee simple, certain lands in the information described; that such alleged consideration was wholly inade•quote, and…

1Opinion of the Court

The Chancellor.

In the case of Gorham v. Gorham, 3 Barb. Ch. 24, Chancellor Walworth—referring to the cases of Palmer v. Parkhust, 1 Ch. Cas. 112; Ortley v. Messere. 7 Johns. Ch. 139; Palmer v. Woolrich, 1 Ch. Cas. 153; Fuller v. Lance. Id. 19, and note; Clerk v. Clerk, 2 Vern. 412; Addison v. Dawson, 2 Vern. 678 ; and Ridler v. Ridler, 1 Eq. Cas. Abr. 279—says : “ The result of these several decisions was that where the object of 'the bill was to set aside the act or deed of the lunatic, upon the ground of his mental incapacity at the time the act was done or the deed was executed, the bill…

2Cases cited3 opinions

  1. In re BarkerNew York Court of Chancery · 1816
  2. Gorham v. GorhamNew York Court of Chancery · 1848
  3. Ortley & Baker v. MessereNew York Court of Chancery · 1823

3Cited by2 opinions

  1. In re ReevesSupreme Court of Delaware · 1915
  2. Clarke v. KnightSupreme Court of Florida · 1922

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