Legal Opinion

Jackson ex. rel. Cadwell v. King

New York Supreme Court

Decided February 15, 1825PublishedCited by 47 opinions

Ejectment, for lands in Washington county, tried be- . ... /NTT TTT ••.•/It toro Walworth, C. Judge, at the July circuit m that county, 1823. At the trial, it was admitted by the defendants’ counsel, that Moses Cadwéll, deceased, was seised in fee of the premises in question in his lifetime, and that the defendants . . - . wore m possession ox them at the time ox suit brought.

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Ejectment, for lands in Washington county, tried be- . ... /NTT TTT ••.•/It toro Walworth, C. Judge, at the July circuit m that county, 1823. At the trial, it was admitted by the defendants’ counsel, that Moses Cadwéll, deceased, was seised in fee of the premises in question in his lifetime, and that the defendants . . - . wore m possession ox them at the time ox suit brought. Tho plaintiff then proved by Lucretia Cadwell, that 45 years before the trial, she was married to Cadwell, and had issue by him several sons and daughters, the lessors of the plaintiff; that Cadwell left her…

1Opinion of the Court

Curia, per

Woodworth, J.

If the deed from Cad well to Smith is valid, the plaintiffs cannot recover. The execution appears to be sufficiently proved, by the subscribing witnesses; and there was an acknowledgment before a Master in Chancery. If voluntary, it is good between the parties; for the heir cannot set up the want of consideration in the deed frpm his ancestor. (16 John. 189.) But it is contended that Cad well was non compos, or not of sound mind. The rule applicable to such eases is, that where the act of a party is sought to he avoided, on the ground of mental disability, proof of the…

2Cases cited2 opinions

  1. Jackson v. Van DusenNew York Supreme Court · 1809
  2. Jackson v. GarnseyNew York Supreme Court · 1819

3Cited by47 opinions

  1. Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
  2. Morris v. . TalcottNew York Court of Appeals · 1884
  3. Malloney v. . HoranNew York Court of Appeals · 1872
  4. Fishburne & Wife v. Ferguson's HeirsSupreme Court of Virginia · 1887
  5. Cole v. GetzingerWisconsin Supreme Court · 1897

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