Philbrook v. Burgess

The opinion of the Court was drawn by

Davis, J.

This is an action of debt for the penalty of a bond, given by the defendant, for the maintenance of the plaintiff and her late husband, during their lives. At the time the bond was given, the husband gave to the defendant a deed of his farm.

The evidence in regard to the insanity of the husband was immaterial; and the jury were properly instructed to disregard it. The plaintiff affirms the validity of the deed, by her suit upon the bond.

The defendant prayed oyer of the bond, and pleaded nil debit, with a brief statement of performance of the…