Legal Opinion

Johnson v. Merithew

Supreme Judicial Court of Maine

Decided January 28, 1888PublishedCited by 16 opinions

On report. The case is stated in the opinion. The grantor must have mental capacity to understand the business in order to make a valid conveyance. Hovey v. Hobson, 55 Maine, 279 ; Darby v. Hay ford, 56 Maine, 246; Hovey v. Qhase, 52 Maine, 304; St. George v. Biddeford, 76 Maine, 593; Best. Ev. § 405; Patterson v. Snell, 67 Maine, 559. Presumption of death.

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On report. The case is stated in the opinion. The grantor must have mental capacity to understand the business in order to make a valid conveyance. Hovey v. Hobson, 55 Maine, 279 ; Darby v. Hay ford, 56 Maine, 246; Hovey v. Qhase, 52 Maine, 304; St. George v. Biddeford, 76 Maine, 593; Best. Ev. § 405; Patterson v. Snell, 67 Maine, 559. Presumption of death. White v. Mann, 26 Maine, 361; Boring v. Steineman, 1 Met. 204; Stinchfield v. Emerson, 52 Maine, 465; Stevens v. McNamara, 36 Maine, 176; Wentworth v. Wentworth, 71 Maine, 72; Newman v. Jenkins, 10 Pick. 515 ; I Taylor, Ev. § 157; Davie v.…

1Opinion of the CourtHaskell, J.

Writ of entry. Plea nul disseizin. Both parties claim title under Margaret P. Nickerson. The tenant claims that Margaret conveyed the premises to her son, Aaron W. Nickerson, in 1875, but demandants say that such deed is void for fraud and inoperative for want of her capacity to make the grant and for want of delivery.

Upon this issue the tenant objects to the competency of Mrs. Heath, one of the demandants, because she claims to have inherited a share of the property as heir to her mother, Margaret P. Nickerson.

This objection is not well taken, for Mrs. Heath demands in her own right that…

2Cases cited2 opinions

  1. Tevis v. YoungCourt of Appeals of Kentucky · 1858
  2. Newell v. . NicholsNew York Court of Appeals · 1878

3Cited by16 opinions

  1. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
  2. Colovos' Adm'r v. GouvasCourt of Appeals of Kentucky (pre-1976) · 1937
  3. Middeke v. BalderIllinois Supreme Court · 1902
  4. Carpenter v. SeverinSupreme Court of Iowa · 1925
  5. Supreme Council v. KacerMissouri Court of Appeals · 1902

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