Booth v. Fuller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Edwin A. Booth and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Tioga on the 4th day of May, 1898, upon the report of a referee dismissing the complaint.
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Appeal by the plaintiffs, Edwin A. Booth and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Tioga on the 4th day of May, 1898, upon the report of a referee dismissing the complaint. The plaintiffs are judgment creditors of the defendant S. Gordon Fuller, having recovered a judgment against him on the 1st day of July, 1891, for $608.54 upon a debt existing prior to March 30, 1891. After the return of the execution unsatisfied, the plaintiffs, in February, 1896, commenced this action to set aside and cancel as void a…
1Opinion of the Court
Merwin, J.:
The case was evidently disposed of by the referee on the theory that, although the grantor in the deed was of unsound mind at the, time, still the plaintiffs were not in a position to attack the deed.
If the deed was simply voidable, that might perhaps be so (Jackson v. Gumaer, 2 Cow. 552), but under the authorities a deed executed by a person non compos mentis is absolutely void at law. (Van Deusen v. Sweet, 51 N. Y. 378; Riggs v. American Tract Society, 84 id. 330; Goodyear v. Adams, 5 N. Y. Supp. 275; affd., 119 N. Y. 650.) If a grantee under such a deed claims equitable rights,…
2Cases cited11 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Jones v. GreenSupreme Court of the United States · 1864
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Clarkson v. De PeysterNew York Court of Chancery · 1831
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3Cited by1 opinion
- Schanck v. HooperNew York Supreme Court · 1916