Hunt v. Weir
Court of Appeals of Kentucky
Chaucb&t. From the Circuit Court eor Hopkins Countt,. Bill to rescind a. ^ponTheg'romd that a party thro’ ^passed, was” ¡“sane when he iCa°nd,e& that one. claimi.“g an ¡“' terest in it, by inheritance from, i5!”’ had ,f?led abdl to set his con yeyance aside. The title ofa ven dor is impeached as being derived from a mesne grantor, who con veyed, while in a state of insanity; hut the principal deft denies that allegation.
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Chaucb&t. From the Circuit Court eor Hopkins Countt,. Bill to rescind a. ^ponTheg'romd that a party thro’ ^passed, was” ¡“sane when he iCa°nd,e& that one. claimi.“g an ¡“' terest in it, by inheritance from, i5!”’ had ,f?led abdl to set his con yeyance aside. The title ofa ven dor is impeached as being derived from a mesne grantor, who con veyed, while in a state of insanity; hut the principal deft denies that allegation. The eviden.ce— voluminous and conflicting, leaving the fact doubtful: held, that ag the party seeking to invalidate the conveyance, is hound to make out his ground hy proof,…
1Opinion of the Court
Judge Marshall
delivered the Opinion of the Court,
Tins'bill was filed by Hunt, for the purpose of rescind. ing a contract by which he had purchased three hundred acres of land from Weir, and of enjoining two judgments which had been obtained by Weir against, hjm, for the last two instalments of the purchase money. '\Yeir had bought the land under a decree of sale against Thomas Young, to whom it had been conveyed by William Mitch-_ . . , . . ell, the former proprietor. And the injunction and rescission are prayed for on the ground, that Mitchel was , r % . . . ° ,. , insane, and utterly…
2Cited by4 opinions
- Hunt v. RabitoayMichigan Supreme Court · 1900
- Walker v. JeffriesMississippi Supreme Court · 1871
- Elder v. SchumacherSupreme Court of Colorado · 1893
- Thompson v. GlinnCourt of Appeals of Kentucky · 1875