Boyce's Adm'r v. Smith
Supreme Court of Virginia
Robert I. Smith in 1842 instituted a suit in the Superior court of chancery for the county of Henrico and city of Richmond against the committee of John Boyce, a lunatic, which upon the death of Boyce was revived against his administrator and heirs.
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Robert I. Smith in 1842 instituted a suit in the Superior court of chancery for the county of Henrico and city of Richmond against the committee of John Boyce, a lunatic, which upon the death of Boyce was revived against his administrator and heirs. In his bill he charged- that John and Joseph Boyce, being merchants and partners, as such became indebted to George Willig of Philadelphia; and in 1821, upon' a settlement of their accounts, John Boyce executed to Willig his bond for 237 dollars 75 cents. That this bond was transferred by Willig to the plaintiff on the 2d of September 1833; and…
1Opinion of the CourtSamuels, J.
The evidence not excepted to shows with sufficient clearness, that previous to the 1st of January 1836, John Boyce was indebted by bond to Robert I. Smith in the amount mentioned in the bond *and deed of trust of that date. Question, however, is made by the appel*355lants whether John Boyce was of sufficiently sound mind at that time to execute the bond and deed. The evidence clearly proves that the grantor at that time and before was laboring under monomania, but upon a subject in nowise connected with affairs, of this nature; that he was competent to transact other business, and was engaged…
2Cases cited1 opinion
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