Howard v. Howard
Court of Appeals of Kentucky
Cask 93 — PETITION EQUITY Appeal prom bourbon circuit court. 1. One can not prosecute an action as next friend for an adult alleged to be of unsound mind, without an order of court authorizing him to do so, nor without a previous judicial finding that the person represented is of unsound mind.
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Cask 93 — PETITION EQUITY Appeal prom bourbon circuit court. 1. One can not prosecute an action as next friend for an adult alleged to be of unsound mind, without an order of court authorizing him to do so, nor without a previous judicial finding that the person represented is of unsound mind. (Gen. Stats., chapter 53, art. 1, secs. 1, 2 d 4; Nailor v. Nailor, 4 Dana, 339; Newland on Contracts, 17; 2 Maddocks’ Ohaneery, 728; Shaw v. Dixson, 6 Bush, 645. 2. The contract of a person of unsound mind is to be treated as that of an infant. (Wald’s Pollock on Contracts, 96; Busk v. Fenton, 14 Bush;…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellee, Matt Howard, claiming to sue as the next friend of Elijah. Howard, filed his petition in the Bourbon Circuit Court against John Howard, in which he sought to annul and set aside a deed executed by Elijah. Howard to John Howard, by which the former conveyed to the latter about one hundred and fifteen acres of land. The appellee sought to set aside said conveyance upon the ground that Elijah Howard, at the time of making it, was, from age and disease, too weak in mind to understand the nature of said contract, »and to resist the arts…
2Cases cited2 opinions
- Nailor's Children v. NailorCourt of Appeals of Kentucky · 1836
- Shaw v. DixonCourt of Appeals of Kentucky · 1869
3Cited by34 opinions
- White v. WhiteTexas Supreme Court · 1917
- State Ex Rel. Deeb v. FabisinskiSupreme Court of Florida · 1933
- Whitchurch v. CrawfordCourt of Appeals for the Tenth Circuit · 1937
- Kalanianaole v. Liliuokalani ex rel. AndrewsHawaii Supreme Court · 1916
- Small v. ReevesCourt of Appeals of Kentucky · 1898
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