Smith v. . Beatty
Supreme Court of North Carolina
This was an appeal' from an interlocutory order of the Court of Equity of Lincoln county, at Spring Term, 1843, his Honor Judge Dick presiding, directing the injunction which had-been obtained in the case to be continued until the hearing.
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This was an appeal' from an interlocutory order of the Court of Equity of Lincoln county, at Spring Term, 1843, his Honor Judge Dick presiding, directing the injunction which had-been obtained in the case to be continued until the hearing. The plaintiff charged in his bill, that'he was a very old man — seventy years of age — and unable to make a contract; that he was addicted to drinking ardent spirits to excess; and’that'the defendant, well'knowing his infirmities, and that there was a valuable gold mino on the plaintiff’s land, of which the plaihtiff was' ignorant, plied him with spirits,…
1Opinion of the CourtDaniel, J.
Weakness of mind alone, without fraud, does not appear to be a sufficient ground to invalidate an instrument. It is said that a Court of Equity will not measure the size of people’s understandings or capacities. 1 Mad. Ch. Pr. 280. Excessive .old age, with weakness of mind, may be a ground for setting aside a conveyance obtained under such circumstances. But old age alone, without some proofs of fraud, will not invalidate a transaction 1 Mad. Ch. Pr. 283. The answer denies that the plaintiff was incapable to contract when the lease was made, either from old age or intoxication. A vendee, who…
2Cited by4 opinions
- Dixon v. GreenSupreme Court of North Carolina · 1919
- Bond v. Manufacturing Co.Supreme Court of North Carolina · 1906
- Dixon v. . GreenSupreme Court of North Carolina · 1919
- Harrell v. PowellSupreme Court of North Carolina · 1958