Dougherty v. Powe
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried before the 1-Ion. A. H. Alston. This action, as originally instituted, was a statutory action in the nature of ejectment, brought by Frances Powe, by her next friend, Alice Powe, against the appellant, Ed. Dougherty, to recover certain lands specifically described in the complaint. The cause was tried upon issue joined on the plea of the general issue.
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Appeal from the Circuit Court of Washington. Tried before the 1-Ion. A. H. Alston. This action, as originally instituted, was a statutory action in the nature of ejectment, brought by Frances Powe, by her next friend, Alice Powe, against the appellant, Ed. Dougherty, to recover certain lands specifically described in the complaint. The cause was tried upon issue joined on the plea of the general issue. The plaintiff claimed the lands sued for under a deed executed by one Barton Atchison, who was the owner of said lands, in 1898, and in said deed Barton Atchison conveyed to Alice Powe, as…
1Opinion of the CourtDowdell, J.
One. of the essential elements to the validity of a contract is the concurring assent of tAvo minds. If one of the parties to a contract is insane at the time of its execution, this essential element is Avantiug. The principle is the same AAdietlier the contract *580rests in parol or be by deed. A deed executed by a person non compos mentis is absolutely void. — Thompson v. N. E. Mortgage Sec. Co., 110 Ala. 400; Kennedy v. Marrast, 46 Ala. 167; Rawdon v. Rawdon, 28 Ala. 566; Dexter v. Hall, 82 U. S. 9; Van Dusen v. Sweet, 51 N. Y. Ct. App. 384; Brown v. Miles, 61 Hun. 453; 9 Am. & Eng. Encyc.…
2Cases cited6 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Leggate v. ClarkMassachusetts Supreme Judicial Court · 1873
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Farley v. ParkerOregon Supreme Court · 1876
- Thompson v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Livingston v. LivingstonSupreme Court of Alabama · 1923
- Metropolitan Life Ins. Co. v. BramlettSupreme Court of Alabama · 1932
- Mitchell v. BaldwinSupreme Court of Alabama · 1908
- Wilkinson v. WilkinsonSupreme Court of Alabama · 1900
- Hernandez v. BanksDistrict of Columbia Court of Appeals · 2013
18 more not listed; retrieve them via the Exa API.