Legal Opinion

Hovey v. Hobson

Supreme Judicial Court of Maine

Decided July 1, 1866PublishedCited by 26 opinions

On ExoeptioNS from JSTisi Prius, Davis, J., presiding. Writ of Entry. Upon the ruling of the presiding Judge, a nonsuit was entered by consent, to be taken off if in the opinion of this Court the ruling was erroneous. The facts appear in the opinion.

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On ExoeptioNS from JSTisi Prius, Davis, J., presiding. Writ of Entry. Upon the ruling of the presiding Judge, a nonsuit was entered by consent, to be taken off if in the opinion of this Court the ruling was erroneous. The facts appear in the opinion. Cited Arnold v. Iron Works-, 1 Gray, 434; Horton v. Norton, 5 Cush., 580; Gibson v. Soper, 6 Gray, 280; Anderson v. Roberts, 18 Johns., 215; Bean v. Smith, 2 Mason, 252 ; Édgall v. Lowell, 4 Yerm., 405 ; Oriental Bank v. Harkins, 3 Met., 332; Somes v. Brewer, 2 Pick., 183. Neal was under no legal disability, and hence his deed was only voidable.…

1Opinion of the CourtAppleton, C. J.

On July 27, 1835, Stephen Neal, then owning the land in controversy, conveyed the same to Samuel E. Crocker, from whom the tenant by various mesne conveyances derives his title.

On Dec. 28, 1836, Stephen Neal died, leaving Lydia Dennett, then wife of Oliver Dennett, his sole heiress at law. On Dec. 18, 1851, Oliver Dennett died.

On July 15, 1858, Lydia Dennett conveyed the demanded premises to the plaintiff.

The plaintiff introduced evidence tending to show that Stephen Neal at the date of his deed to Crocker was insane, and claimed to avoid said deed by reason of such insanity.

After the…

2Cases cited5 opinions

  1. Bool v. MixNew York Supreme Court · 1837
  2. Chew v. Bank of BaltimoreCourt of Appeals of Maryland · 1859
  3. Key's Lessee v. DavisCourt of Appeals of Maryland · 1851
  4. Myers v. Sanders' HeirsCourt of Appeals of Kentucky · 1838
  5. Van Winkle v. KetchamNew York Supreme Court · 1805

3Cited by26 opinions

  1. American Trust & Banking Co. v. BooneSupreme Court of Georgia · 1897
  2. Smith v. . RyanNew York Court of Appeals · 1908
  3. Rowe v. AllisonSupreme Court of Arkansas · 1908
  4. Moran v. MoranMichigan Supreme Court · 1895
  5. French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900

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