Allen ex rel. Stephens v. Berryhill
Supreme Court of Iowa
Appeal from Johnson District Court. _ Action in equity. The petition alleges that the plaintiff, Isaac L. Allen, is a person of unsound mind, and has been for more than a year past; that on the fourth day of February, 1867, E. D. Stephens was duly apjiointed guardian of the person and estate of said lunatic.
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Appeal from Johnson District Court. _ Action in equity. The petition alleges that the plaintiff, Isaac L. Allen, is a person of unsound mind, and has been for more than a year past; that on the fourth day of February, 1867, E. D. Stephens was duly apjiointed guardian of the person and estate of said lunatic. That on the first day of July, 1866, the said Allen, by E. D. Stephens, his attorney in fact, thereto duly authorized by a written power of attorney made and acknowledged by the said Allen on the 26th day of June, 1866, entered into a contract in writing with the defendant, Charles IB…
1DissentCole, J.
(dissenting). — The decision of this case rests, ip 'a large measure, upon the question whether the contracts of a lunatic are absolutely void or only voidable. The language of judges and text-writers upon 'this question has often been loose and indefinite; and there is an irreconcilable conflict in the authorities upon it. Indeed, the status of lunatics and their rights in court have undergone material changes. Under the ancient common law, lunatics were permitted to show their lunacy in defense of their alleged contracts. 2 Blacks. Com. 291. But later, and in the times of Edward III, and…
2Cases cited15 opinions
- Crouse v. HolmanIndiana Supreme Court · 1862
- Grant v. ThompsonSupreme Court of Connecticut · 1822
- Jackson ex dem. Merritt v. GumaerNew York Supreme Court · 1824
- Corbit v. SmithSupreme Court of Iowa · 1858
- Barickman v. KuykendallIndiana Supreme Court · 1841
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