Atwood v. Atwood
Supreme Court of Connecticut
Action to secure the cancellation of a deed of real estate and a reconveyance of the premises, brought to and tried by the Superior Court in New Haven County, Reed, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendant. On April 17th, 1901, the plaintiff Mrs. Atwood was the owner in fee of the property in suit.
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Action to secure the cancellation of a deed of real estate and a reconveyance of the premises, brought to and tried by the Superior Court in New Haven County, Reed, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendant. On April 17th, 1901, the plaintiff Mrs. Atwood was the owner in fee of the property in suit. On April 1st, 1901, Mrs. Atwood became ill with typhoid fever and her mind during her illness seriously affected, and, when she was incapable of managing her affairs and not competent to make a deed or comprehend what she was doing, the defendant caused…
1Opinion of the CourtWheeler, J.
The finding is explicit in its statement that on April 17th, 1901, when the deed from the plaintiff to the defendant, which this action seeks to set aside, purports to have been executed, Mrs. Atwood was mentally and physically incapable of making the deed and did not then comprehend what she was doing. On this finding no other judgment was possible, and, unless rulings upon the evidence tending to prove the incapacity of the plaintiff materially prejudicial to the defendant were made on the trial, the judgment must stand.
The witness Mrs. Allen, having stated her means and opportunity of…
2Cases cited17 opinions
- Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
- Kline v. Santa Barbara Etc. Ry. Co.California Supreme Court · 1907
- Spencer's Appeal From ProbateSupreme Court of Connecticut · 1905
- Pullman Company v. HoyleCourt of Appeals of Texas · 1908
- Johnson v. Union Pacific RailroadUtah Supreme Court · 1909
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3Cited by21 opinions
- State v. SpigaroloSupreme Court of Connecticut · 1989
- Robinson v. FaulknerSupreme Court of Connecticut · 1972
- State v. PalozieSupreme Court of Connecticut · 1973
- State v. JonesSupreme Court of Connecticut · 1938
- Johnson v. NewellSupreme Court of Connecticut · 1971
16 more not listed; retrieve them via the Exa API.