Curtis v. Kirkpatrick
Idaho Supreme Court
JUDGMENT for respondent, defendant below, from which plaintiff below, appellant here, appeals. The facts are stated in the opinion. A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before his incapacity has been judicially determiend, is subject to rescission. (Idaho Rev. Stats., sec. 2411.) One who deals in property matters with an aged and feeble person is bound to prove the fairness of the transaction.
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JUDGMENT for respondent, defendant below, from which plaintiff below, appellant here, appeals. The facts are stated in the opinion. A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before his incapacity has been judicially determiend, is subject to rescission. (Idaho Rev. Stats., sec. 2411.) One who deals in property matters with an aged and feeble person is bound to prove the fairness of the transaction. (Bigelow on Fraud, 282; Wartemlerg v. Spiegel, 31 Mich. 400; Ellis v. Mathews, 19 Tex. 390, 70 Am. Dee. 353.) Equity will set aside a…
1Opinion of the CourtStockslag-Er, J.
This is an appeal from the district court of Bingham county; defendant had judgment in the lower' court; from the whole of the judgment the appeal is taken. Plaintiff, as the administrator of the estate of John Garrett, deceased, commenced his action to cancel and set aside a certain mortgage, dated the sixth day of November, 1895, and a deed from said Garrett to John E. Kirkpatrick, dated the tenth day of November, 1898, for the reason and upon the grounds that grantor, John Garrett, was incompetent to execute and deliver the said mortgage and deed. John Garrett was the grandfather of…
2Cases cited3 opinions
- Allore v. JewellSupreme Court of the United States · 1877
- Kelly v. PerraultIdaho Supreme Court · 1897
- Burley v. McGoughIllinois Supreme Court · 1885
3Cited by9 opinions
- Mollendorf v. DerryIdaho Supreme Court · 1972
- Fritcher v. KelleyIdaho Supreme Court · 1921
- Dickey v. ClarkeIdaho Supreme Court · 1943
- Johnson v. NiichelsIdaho Supreme Court · 1930
- Kline v. KlineArizona Supreme Court · 1912
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