Legal Opinion

Simonton v. Bacon

Mississippi Supreme Court

Decided October 15, 1873PublishedCited by 7 opinions

Appeal from the chancery court of . Lee county, Hon. 0, H. Whitfield, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The only legal fact involved in the question of the incompetency of the complainant to contract on account of insanity, was that of his actual insanity, and the causes of it would not become-pertinent, except in a question of medical jurisprudence.

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Appeal from the chancery court of . Lee county, Hon. 0, H. Whitfield, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The only legal fact involved in the question of the incompetency of the complainant to contract on account of insanity, was that of his actual insanity, and the causes of it would not become-pertinent, except in a question of medical jurisprudence. The influence brought to bear upon Hughes, were founded upon a general .popularity of Sirnonton among his fellow-citizens, and do not constitute that undue and improper inflence which will…

1Opinion of the CourtSimkall, J.

The equity of the complainant’s bill is assailed upon numerous grounds. The special assignments bring into criticism the entire frame and scope of the bill.

The bill describes the complainant as being for many years prior to the date of the transaction, set out in the bill as the ground and reason of the relief prayed, as •< greatly *586diseased in mind;” his mental faculties impaired and weakened, and subject to attacks of insanity and delusion; that because of this mental condition complainant had been for several years, and still was disqualified to manage “ worldly affairs,” and make…

2Cases cited1 opinion

  1. Bunch v. ShannonMississippi Supreme Court · 1872

3Cited by7 opinions

  1. Gillis v. SmithMississippi Supreme Court · 1917
  2. Wherry v. LatimerMississippi Supreme Court · 1912
  3. Ricketts v. JolliffMississippi Supreme Court · 1884
  4. Williams v. WilsonMississippi Supreme Court · 1976
  5. Woolbert v. Lee Lumber Co.Mississippi Supreme Court · 1928

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