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…
1Opinion of the Court
Dillon, Ch. J,
l. contracts: of insane person. In substance, this action is one to recover judgment upon the notes made by the defendant to Allen. Incidentally, authority is asked to _ enable a deed of the property to be made when the purchase-money shall be jiaid. It is not a case where a specific performance is sought, which rests in the discretion of the court to grant or refuse,’ according to circumstances. -
The case should be regarded, and will be treated, in settling the law applicable to it, as if it were in form, as it is in substance, an ordinary action upon the notes.
The subject of…
2Cases cited1 opinion
- Behrens v. McKenzieSupreme Court of Iowa · 1867
3Cited by28 opinions
- Gribben v. MaxwellSupreme Court of Kansas · 1885
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Loman v. PaullinSupreme Court of Oklahoma · 1915
- Riley v. CarterCourt of Appeals of Maryland · 1893
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