Rawdon v. Rawdon
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. A. J. Walkeb. This bill was filed by Mrs. Elizabeth Rawdon, the appellant, by her next friend, asking a divorce from her hnsband, Isaac Rawdon, on account of his alleged insanity at the time their marriage was contracted.
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Appeal from the Chancery Court of Talladega. Heard before the Hon. A. J. Walkeb. This bill was filed by Mrs. Elizabeth Rawdon, the appellant, by her next friend, asking a divorce from her hnsband, Isaac Rawdon, on account of his alleged insanity at the time their marriage was contracted. Its material allegations were, that the parties were married, in 1826, in .South Carolina ; that said Isaac Rawdon was insane at the time said marriage was celebrated, but this fact was then, and for several years afterwards, unknown to complainant; that his insanity was the effect of a severe attack of…
1Opinion of the CourtStone, J.
The rule is well settled, on both sides of the Atlantic, that no contract is of any validity whatever, if *567either of the contracting parties be of unsound mind. Such contract is wanting in the essential element — the concurring assent of two minds ; and hence the law pronounces it absolutely void. This rule is alike applicable to the marriage contract. — Bishop on Marriage and Divorce, § 177; Bright on Husband and Wife, vol. 1, p. 2.
There is some diversity in the opinions of jurists, as to the degree of mental imbecility necessary to avoid the contract; but all agree, that it is umsoundness,…
2Cited by34 opinions
- In Re the Estate of GregorsonCalifornia Supreme Court · 1911
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Beck v. BeckSupreme Court of Alabama · 1971
- Reed v. ReedMichigan Supreme Court · 1883
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