White v. Palmer
Massachusetts Supreme Judicial Court
This was a writ of error, brought in the county of Middlesex, to reverse a judgment of the Court of Common Pleas for that county, rendered in June, 1805, in favor of the defendant in error against the plaintiff’s testator.
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This was a writ of error, brought in the county of Middlesex, to reverse a judgment of the Court of Common Pleas for that county, rendered in June, 1805, in favor of the defendant in error against the plaintiff’s testator. The error assigned was, that the said Grimes, at the time of the rendition of the said judgment, was non compos mentis, and incapable of taking care of himself, and that the said Ebenezer White and Samuel Hall had, long before the teste of the writ upon which the said judgment was rendered, been duly and legally appointed guardians to him, the said Grimes, and, from the…
1Opinion of the Court
The opinion of the Court was afterwards delivered as follows by
Parsons, C. J.
By the statute of 1783, c. 38, the Probate Court, making the inquisition there required, is authorized to assign guardians to any person non compos mentis, and to empower them to take care of his person and estate; to improve and receive the profits of his lands; to recover, by suit at law, all debts due to him, and to pay all his debts out of his real or personal estate. This decree of the judge, so long as it remains in force unreversed, must be considered at least as prima facie evidence that the assignment of the…
2Cited by18 opinions
- Horner v. DoeIndiana Supreme Court · 1848
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- Taylor v. LoveringMassachusetts Supreme Judicial Court · 1898
- King v. RobinsonSupreme Judicial Court of Maine · 1851
- Lewis v. JonesNew York Supreme Court · 1868
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