Gribben v. Maxwell
Supreme Court of Kansas
Eh'ror from Cowley District Court. Action brought December 7, 1883, by Noah Gribben, as guardian of Olive E. Gribben, a lunatic, against Samuel E. Maxwell, to set aside a conveyance executed by Olive E. Gribben on June 11, 1883. The petition, among other things, alleged that on June 11, 1883, the said Olive E. Gribben, being a lunatic, made, executed, acknowledged and delivered to the defendant a quitclaim deed for three-sevenths interest of the east half of the northeast…
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Eh'ror from Cowley District Court. Action brought December 7, 1883, by Noah Gribben, as guardian of Olive E. Gribben, a lunatic, against Samuel E. Maxwell, to set aside a conveyance executed by Olive E. Gribben on June 11, 1883. The petition, among other things, alleged that on June 11, 1883, the said Olive E. Gribben, being a lunatic, made, executed, acknowledged and delivered to the defendant a quitclaim deed for three-sevenths interest of the east half of the northeast quarter of section 15, and the south half of the northwest quarter of section 14, all in township No. 34 south, of range 4…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
T , “Snot06’ avoiced. As a general rule, the contract of a lunatic is void per se. The concurring assent of two minds is wanting. “They who have no mind cannot ‘concur in mind’ with one another; and as this is the essence of a contract, they cannot enter into a contract.” (1 Parsons on Contracts, 6th ed., 383; Powell v. Powell, 18 Kas. 371.) Notwithstanding this recognized doctrine, the decided cases are far from being uniform on the subject of the liability or extent of liability of lunatics for their contracts. An examination of the…
2Cases cited4 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Allen ex rel. Stephens v. BerryhillSupreme Court of Iowa · 1869
- Powell v. PowellSupreme Court of Kansas · 1877
- Corbit v. SmithSupreme Court of Iowa · 1858
3Cited by40 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Maas v. DunmyerSupreme Court of Oklahoma · 1908
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Bethany Hospital Co. v. PhilippiSupreme Court of Kansas · 1910
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
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