Atwood v. Smith
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the Thirteenth Chancery District. The bill in this case is filed by Smith against Atwood, and its object is to set aside an agreement entered into between them on the 22d July, 1841, dissolving a co-partnership previously existing, and also to set aside a deed for a lot of land, of the same date, on the ground of the insanity of the complainant at the time of executing them, as well as for an account and settlement of the…
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Writ of Error to the Court of Chancery for the Thirteenth Chancery District. The bill in this case is filed by Smith against Atwood, and its object is to set aside an agreement entered into between them on the 22d July, 1841, dissolving a co-partnership previously existing, and also to set aside a deed for a lot of land, of the same date, on the ground of the insanity of the complainant at the time of executing them, as well as for an account and settlement of the partnership. The answer denies the fact of insanity, and proof being taken, the cause was heard on bill, answer and testimony. The…
1Opinion of the CourtGoldthwaite, J.
1. It is urged by the counsel for the complainant, that the usual practice of courts of chancery now is, to direct an issue at law, whenever a defect of capacity is relied on to set aside a contract otherwise valid. It seems the rule is thus stated by a recent annotator. [Stork on Non Com. 27.] We have looked into the cases cited by *911this author, but cannot perceive they sustain his proposition to the extent asserted. [Att’y Gen. v. Panther, 3 Bro. C. 441; Hall v. Warren, 9 Vesey, 604.] The other case, 2 Beavan, 116, is not before us at this time, nor do we deem it essential to look…
2Cases cited1 opinion
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
3Cited by6 opinions
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Mathews v. FornissSupreme Court of Alabama · 1890
- Marshall v. CroomSupreme Court of Alabama · 1877
- AnonymousSupreme Court of Alabama · 1859
- Ex parte State ex rel. SimpsonSupreme Court of Alabama · 1972
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