McKenzie v. Donnell
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Conceding, for argument, tbat McKenzie was non compos at tbe date of tbe deed in question, yet it does not follow tbat the deed is therefore voidable, even against bis immediate grantee, (a) “Tbe mere fact tbat a party to an agreement was a lunatic, will not operate as a defense to its enforcement, or as ground for its cancellation.” 2 Pomeroy, Eq.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Conceding, for argument, tbat McKenzie was non compos at tbe date of tbe deed in question, yet it does not follow tbat the deed is therefore voidable, even against bis immediate grantee, (a) “Tbe mere fact tbat a party to an agreement was a lunatic, will not operate as a defense to its enforcement, or as ground for its cancellation.” 2 Pomeroy, Eq. Jur., sec. 946; Bishop on Cont., secs. 956, 967, 970; Thorpe v. ITanscom, 64 Minn. 201; Bank v. Neely, 97 Tenn. 120; Arthurs v. Bridgewater Gas Co., 171 Pa. 532; Crawford v.…
1Opinion of the CourtMarshall, J.
The facts and proceedings in this case are sufficiently set out in the opinion in case No. 8314, wherein these respondents were the plaintiffs in error and these appellants were the defendants in error. The defendants (appellants here) contend that notwithstanding Jedediah E. McKenzie may have been insane when he executed the deed of trust to Stewart on the first of April, 1875, still Stewart acted in good faith and was guilty of no fraud upon Jedediah, and therefore the plaintiffs can not be allowed to recover the land without refunding the benefits received by Jedediah from that contract,…
2Cases cited7 opinions
- Hull v. LouthIndiana Supreme Court · 1887
- Blount v. SprattSupreme Court of Missouri · 1892
- Dewey v. AllgireNebraska Supreme Court · 1893
- Chew v. Bank of BaltimoreCourt of Appeals of Maryland · 1859
- Rhoades v. FullerSupreme Court of Missouri · 1897
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3Cited by6 opinions
- Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
- State Ex Rel. United Mutual Insurance v. ShainSupreme Court of Missouri · 1942
- Ward v. Concordia Fire InsuranceMissouri Court of Appeals · 1922
- McKenzie v. DonnellSupreme Court of Missouri · 1907
- Estate of Brown v. Bank of PiedmontMissouri Court of Appeals · 1989
1 more not listed; retrieve them via the Exa API.