Brigham v. Fayerweather
Massachusetts Supreme Judicial Court
Bill in equity, filed May 21, 1884, to have declared void a mortgage deed executed by Azubah Brigham, the plaintiff’s testator, on the ground that said Azubah Brigham at the date of the execution of said deed was not of sufficient mental capacity to execute the deed. The bill alleged, and the answer admitted, that the plaintiff derived his title from the will of Azubah Brigham.
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Bill in equity, filed May 21, 1884, to have declared void a mortgage deed executed by Azubah Brigham, the plaintiff’s testator, on the ground that said Azubah Brigham at the date of the execution of said deed was not of sufficient mental capacity to execute the deed. The bill alleged, and the answer admitted, that the plaintiff derived his title from the will of Azubah Brigham. The case was heard before Aldrich, J., who, allowed a bill of exceptions, in substance as follows: The following issue was submitted to the jury: Was Azubah Brigham of sufficient mental capacity, at the time the…
1Opinion of the CourtHolmes, J.
A judgment in rent is an act of the sovereign power; and, as such, its effects cannot be disputed, at least within the jurisdiction. If a competent court declares a vessel forfeited, or orders it sold free of all claims, or divorces a couple, or establishes a will under statutes like our Pub. Sts. c. 127, § 7, a paramount title is passed, the couple is divorced, the will is established, as against all the world, whether parties or not, because the sovereign has said that it shall be so. Hughes v. Cornelius, 2 Show. 232 ; S. C. T. Raym. 473 ; Skin. 59; Carth. 32. Noell v. Wells, 1 Lev. 235.…
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