Legal Opinion

Rosensteel v. Long

Superior Court of Pennsylvania

Decided March 9, 1917No. Appeal, No. 380PublishedCited by 1 opinion

Appeal, No. 380, Oct. T., 1915, by defendant, from decree of C. P. Huntingdon Co., May T., 1911, No. 205, on bill in equity in case of Anna Eosensteel and H. Y. Eosensteel her husband et al. v. John D. Long. Bill in equity for the cancellation of deeds conveying real estate. The court sustained the bill on the ground that the grantor was mentally incapable of making a contract or executing a deed. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Trexler, J.,

Plaintiffs brought their bill in equity for the cancellation of certain deeds given by Elizabeth Long to her son, John D. Long, alleging that the grantor had not sufficient mental capacity to understand what she was doing. *542The court found that “at the time when both deeds were executed the grantor was wholly incompetent by reason of her disease and advanced age to enter into any contract whatever, or to make, execute and deliver the deeds conveying her real estate to any one,” and entered a decree cancelling the deeds.

Findings of fact in an equity proceeding based upon…

2Cases cited3 opinions

  1. Strause v. BergerSupreme Court of Pennsylvania · 1908
  2. Ginder v. BachmanSuperior Court of Pennsylvania · 1898
  3. Smith v. RidgeSuperior Court of Pennsylvania · 1916

3Cited by1 opinion

  1. Pusic v. SalakSupreme Court of Pennsylvania · 1918

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