Ricketts v. Jolliff
Mississippi Supreme Court
Appeal from the Chancery Court of Grenada County. Hon. J. G. Hall, Chancellor. Prom the 23d of March, 1872, to the 20th of October of that year, W. E. Jolliff was an inmate of the State lunatic asylum, and during that period was, unquestionably, insane. On the last-named day he escaped from the asylum and returned to his home, where he was permitted to go at large till the 18th of May, 1881, when he was again returned to and confined in the State lunatic asylum.
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Appeal from the Chancery Court of Grenada County. Hon. J. G. Hall, Chancellor. Prom the 23d of March, 1872, to the 20th of October of that year, W. E. Jolliff was an inmate of the State lunatic asylum, and during that period was, unquestionably, insane. On the last-named day he escaped from the asylum and returned to his home, where he was permitted to go at large till the 18th of May, 1881, when he was again returned to and confined in the State lunatic asylum. When he returned to the asylum he was insane, and was still so on the 18th of September, 1882, the time when the testimony in the…
1Opinion of the CourtArnold, J.
■ Sanity is presumed until the contrary appears, and the burden of proof is on the party alleging insanity to prove it; but when a person is shown to have been generally or habitually insane at any particular period, that condition is presumed to continue, and whoever relies on a lucid interval to support a contract subsequently made with such a lunatic must prove it and show sanity and competence at the time the contract was made. 1 Greenl. Ev., §§ 42, 81; Attorney-General v. Parnther, 3 Bro. Chan. 368.
And a lucid interval is not merely a cessation of the violent symptoms of the disorder,…
2Cases cited5 opinions
- Brantley v. WolfMississippi Supreme Court · 1882
- Henry v. FineSupreme Court of Arkansas · 1861
- Simonton v. BaconMississippi Supreme Court · 1873
- Baldwin v. DuntonIllinois Supreme Court · 1866
- Hill v. McLaurinMississippi Supreme Court · 1854
3Cited by12 opinions
- Smith v. SmithMississippi Supreme Court · 1990
- Fields v. Union Central Life InsuranceSupreme Court of Georgia · 1930
- Whitworth v. KinesMississippi Supreme Court · 1992
- Lambert v. PowellMississippi Supreme Court · 1946
- Wherry v. LatimerMississippi Supreme Court · 1912
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