Executors of Hill v. Day

Yah Fleet, V. C.

The complainants seek by this suit to have an assignment of a bond and mortgage, made by their testator, set aside, on the ground of mental incapacity. The assignment was made February 5th, 1878, and William. B. Hill, the assignor, was, on the 7th of July, 1879, declared, by an inquisition duly taken, to be. *151a lunatic, and to have been in the same condition of mental unsoundness for a period of two years antecedent thereto, but with lucid intervals. The inquisition simply makes a prima fade case. As against the defendants, it was purely an ex parte proceeding, and as to them…