Rhoades v. Fuller
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — Hon. P. O. Stepp, Judge. (1) Inquest had in the probate court having been subsequent to the transaction in question, was not competent evidence of the insanity of Mr. Rhoades. Bank v. Moore, 78 Pa. St. 407; Hovey v. Chose, 83 Am. Dee. 517; Jackson v. King, 15 Am.
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Appeal from Mercer Circuit Court. — Hon. P. O. Stepp, Judge. (1) Inquest had in the probate court having been subsequent to the transaction in question, was not competent evidence of the insanity of Mr. Rhoades. Bank v. Moore, 78 Pa. St. 407; Hovey v. Chose, 83 Am. Dee. 517; Jackson v. King, 15 Am. Dec. 357. (2) In order to invalidate a deed executed by an insane grantor, it must appear that the grantor was subject to insane delusions at the time of the execution of the deed, and that the insane delusion influenced him to do the act, or that he had lost the power of intelligently reasoning.…
1Opinion of the CourtBurgess, J.
This is a suit in equity by Jesse B. Rhoades, who sues by his guardian, T. I. Carter, and Rebecca Rhoades, the wife of. said Jesse, against defendant, to rescind the contract for the exchange of a farm in Mercer county, Missouri, conveyed by said Rhoades and wife to said defendant Fuller for a house and lot in Princeton, in said county, upon the .ground of the insanity of said Rhoades at the time of the trade or exchange.
The petition alleges that Rhoades is an insane per*183son and that before the commencement of this suit' T. I. Carter had been duly appointed and qualified as his guardian.
That…
2Cases cited4 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Rannells v. GernerSupreme Court of Missouri · 1883
- Wells v. Covenant Mutual Benefit Ass'nSupreme Court of Missouri · 1895
- Hovey v. ChaseSupreme Judicial Court of Maine · 1863
3Cited by22 opinions
- Taylor v. TaylorIndiana Supreme Court · 1910
- McAllister v. RowlandSupreme Court of Minnesota · 1913
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- Jamison v. CulliganSupreme Court of Missouri · 1899
- Uecker v. ZuercherCourt of Appeals of Texas · 1909
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