Brigham v. Fayerweather
Massachusetts Supreme Judicial Court
Bill in equity, filed May 21, 1884, by a devisee of real estate, to set aside a mortgage upon it given by his devisor, Azubah Brigham, to the defendants, to secure payment of the sum of $3356.64, in one year, with interest, this amount being represented by two promissory notes; and to remove a cloud upon the title to the property.
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Bill in equity, filed May 21, 1884, by a devisee of real estate, to set aside a mortgage upon it given by his devisor, Azubah Brigham, to the defendants, to secure payment of the sum of $3356.64, in one year, with interest, this amount being represented by two promissory notes; and to remove a cloud upon the title to the property. The bill alleged that, at the time of giving the mortgage deed, Azubah Brigham was very aged, sick, and infirm, and that her mental powers were so weakened and impaired by age and sickness that she was wholly incapable of transacting the -business of executing and…
1Opinion of the CourtC. Allen, J.
It is settled in this Commonwealth that the deed of an insane person is ineffectual to convey a title to land, good against the grantor, or against his heirs and devisees, unless it is confirmed by the grantor himself when of sound mind, or by his legally constituted guardian, or by his heirs or devisees. Valpey v. Rea, 130 Mass. 384, and cases there cited. And such deed may be disaffirmed without returning the consideration money, or placing the other party in statu quo. Chandler v. *52Simmons, 97 Mass. 508, 514, 515. Nor is it material that, in taking the deed, the grantee acted in good faith,…
2Cases cited4 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Somers v. PumphreyIndiana Supreme Court · 1865
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Valpey v. ReaMassachusetts Supreme Judicial Court · 1881
3Cited by13 opinions
- Reed v. Mattapan Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1908
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Billings v. MannMassachusetts Supreme Judicial Court · 1892
- Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
- Broderick v. StateIndiana Supreme Court · 1967
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