Legal Opinion

Silvia v. Lewis

Massachusetts Appeals Court

Decided November 3, 1987No. 87-900Published

1Opinion of the Court

Although, as the plaintiff concedes, the fraud counts are barred by the statute of limitations, count (1) states an independent claim for relief. A “deed of an insane person is ineffectual to convey a title to land . . . unless it is confirmed by the grantor himself when of sound mind, or by his legally constituted guardian, or by his heirs or devisees.” Brewster v. Weston, 235 Mass. 14, 15-16 (1920). The claim is governed by G. L. c. 260, § 21. See Hill v. Peterson, 323 Mass. 384, 387' (1948). See also Hornig v. Hornig, 6 Mass. App. Ct. 109, 110 (1978), where the court did not need to reach…

2Cases cited5 opinions

  1. Three Sons, Inc. v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1970
  2. Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
  3. Hornig v. HornigMassachusetts Appeals Court · 1978
  4. Hill v. PetersonMassachusetts Supreme Judicial Court · 1948
  5. Spiliotis v. CampbellMassachusetts Appeals Court · 1982

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