Bragg v. Hartney
Supreme Court of Arkansas
Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; t. The test of mental incapacity is not merely that the grantor’s mental powers are impaired, but whether he has sufficient capacity to understand in a reasonable manner the nature and effect of the act which he is doing. 13 Cyc. 573; Words & Phrases, 5, 4475- 2. Bragg did not overreach Hartney or practice any fraud to induce him to make the contract against his will. 3. The heirs of Plartney have no greater…
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Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; t. The test of mental incapacity is not merely that the grantor’s mental powers are impaired, but whether he has sufficient capacity to understand in a reasonable manner the nature and effect of the act which he is doing. 13 Cyc. 573; Words & Phrases, 5, 4475- 2. Bragg did not overreach Hartney or practice any fraud to induce him to make the contract against his will. 3. The heirs of Plartney have no greater rights than he would have if alive. 1. The overwhelming weight of the testimony shows that Plartney was incapacitated to…
1Opinion of the CourtHart, J.
This is a suit in equity instituted in the Clay Chancery Court for the Eastern District by appellees, Martin Hartney and Mary Meschal, against the appellant, J. E. Bragg.
The abstract of appellees correctly states the substance of the pleadings and the findings and decree of the court, as follows: “Appellees, as sole heirs at law of T. J. Hartney, deceased, filed their amended complaint against J. R. Bragg, the appellant, and F. Rinke, alleging therein that Bragg and T. J. Hartney in his lifetime bought a farm of 240 acres of R. Riddell for the agreed price of $5,000; $3,000 was paid in cash…
2Cited by15 opinions
- Armstrong v. ArmstrongSupreme Court of Arkansas · 1930
- Luker v. Reeves (In re Reeves)Court of Appeals for the Eighth Circuit · 1995
- Moore v. OatesSupreme Court of Arkansas · 1920
- Veasey v. VeaseySupreme Court of Arkansas · 1913
- Queen v. QueenSupreme Court of Arkansas · 1915
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