Johnson v. . Kincade
Supreme Court of North Carolina
This case, having been set for hearing at the Spring Term, 1843, of Rowan Court of Equity, was then, by consent of parties, removed to the Supreme Court. It was a suit instituted in behalf of Reese Johnson by his committee against Ann Kincade, falsely called Ann Johnson, for the purpose of having declared the nullity of a marriage defacto between the parties.
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This case, having been set for hearing at the Spring Term, 1843, of Rowan Court of Equity, was then, by consent of parties, removed to the Supreme Court. It was a suit instituted in behalf of Reese Johnson by his committee against Ann Kincade, falsely called Ann Johnson, for the purpose of having declared the nullity of a marriage defacto between the parties. The1 bill was filed October 15, 1841, and states, that Reese Johnson was an idiot from his nativity, resident in the county of Rowan, and, that, just after he obtained the age of 21 years, an inquisition was duly held upon a writ for…
1Opinion of the CourtRuff-in, C. J.
The evidence satisfies the court of the- extreme mental weakness, at the least, if not absolute fatuity from birth, of Reese Johnson. The inquisition of 1827 has been produced, and it finds this person to be “of unsound mind, and that he has been so from his infancy.” Pending this controversy, there has also been a second inquisition, on which the jury, upon the testimony of witnesses, and also upon the production and examination of the party in person, found him “to be an idiot, and that he was so from his birth.” It is not necessary to say, whether the inquisitions would or would not be…
2Cited by11 opinions
- Pridgen v. . PridgenSupreme Court of North Carolina · 1932
- State v. DuncanSupreme Court of North Carolina · 1956
- Taylor v. . WhiteSupreme Court of North Carolina · 1912
- Sims Ex Rel. Sprinkle v. SimsSupreme Court of North Carolina · 1897
- Watters v. . WattersSupreme Court of North Carolina · 1915
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