Legal Opinion

Alexander v. Haskins

Supreme Court of Iowa

Decided December 17, 1885PublishedCited by 10 opinions

Appeal from. Harrison District Court. Action to set aside a conveyance of real estate made by the plaintiff, on tne ground that lie was insane. The relief asked was denied, and the plaintiff appeals.

1Opinion of the CourtServers, J.

The general rule is that an insane person, is not bound by contracts, (Van Patton v. Beals, 46 Iowa, 62,) and it has been held that it is immaterial whether the defendant had knowledge of such insanity when the contract was entered into. Seaver v. Phelps, 11 Pick., 304. While the foregoing- may be regarded as the general rule where an application is made to set aside the contract by some one acting for the insane person, there are exceptions thereto when the contract has been executed; and in this state the rule is that an insane person is bound by such contract, “where it is made in the…

2Cases cited2 opinions

  1. Behrens v. McKenzieSupreme Court of Iowa · 1867
  2. Van Patton v. BealsSupreme Court of Iowa · 1877

3Cited by10 opinions

  1. Burch v. NicholsonSupreme Court of Iowa · 1912
  2. Swartwood v. ChanceSupreme Court of Iowa · 1906
  3. Nutter v. Des Moines Life InsuranceSupreme Court of Iowa · 1912
  4. Montagne v. Cherokee CountySupreme Court of Iowa · 1925
  5. Engelbercht v. DavisonSupreme Court of Iowa · 1927

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