Tubbs v. Hilliard

An action instituted hy the next friend of Henry C. Newell to set aside his assignment of an interest in an estate on grounds of mental incompetency of assignor and fraud of assignee; The lower, court' set aside the assignment, of which action no complaint is made-; how-' ever, it also ruled that because of fraud, and- the fact that the incompetent received no particular benefit from the Consideration,-no restitution need-be made, and it is to reverse this latter ruling that the-writ of error herein is prosecuted. Reference will be made to incompetent and plaintiffs in error by name. ■ ■

Plaint…