Kennedy v. Marrast
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. A. 0. Felder. The appellees, minors, filed in May, 1867, by next friend, a bill in equity against appellant, John P. Kennedy, seeking to set aside the conveyance to said Kennedy of a house and lot in Mobile, made by their father, J. C. Marrast, deceased, on the 30th November, 1863. One Strange, who was in possession of the property at the date of the filing of the bill, under a lease from Kennedy, and Harriet E.…
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Appeal from Chancery Court of Mobile. Heard before Hon. A. 0. Felder. The appellees, minors, filed in May, 1867, by next friend, a bill in equity against appellant, John P. Kennedy, seeking to set aside the conveyance to said Kennedy of a house and lot in Mobile, made by their father, J. C. Marrast, deceased, on the 30th November, 1863. One Strange, who was in possession of the property at the date of the filing of the bill, under a lease from Kennedy, and Harriet E. Marrast, widow of J. C. Marrast and his administratrix, in her individual capacity and as administratrix of said Marrast, were…
1Opinion of the Court
' PETERS, J.
The deed under which the appellant, Kennedy, seeks to support his title, was made by Marrast himself, and not by his agent. And Kennedy must be charged with notice, just as if he dealt directly with Marrast himself. If Marrast was of non-sane mind to such a degree as to incapacitate him from making such a contract when the deed was signed by him, and he did not afterward affirm it when he was of sound mind, it was void. A legal capacity to consent is the essence of all contracts, whether by deed or parol. Without this they are absolutely, void. 1 Story Eq. §§ 222, 223, 227, 228,…
2Cases cited3 opinions
- Rawdon v. RawdonSupreme Court of Alabama · 1856
- Kirby v. StateSupreme Court of Alabama · 1889
- Phillips' Adm'r v. PhillipsSupreme Court of Alabama · 1863
3Cited by4 opinions
- Bogan v. DaughdrillSupreme Court of Alabama · 1874
- Stanfill v. JohnsonSupreme Court of Alabama · 1909
- Galloway v. HendonSupreme Court of Alabama · 1901
- Marlowe v. BenaghSupreme Court of Alabama · 1875