Darby v. Hayford
Supreme Judicial Court of Maine
On Exceptions. Real action to recover a parcel of land situated in Belfast, tried on a writ of review sued out by the defendant.
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On Exceptions. Real action to recover a parcel of land situated in Belfast, tried on a writ of review sued out by the defendant. The original writ was dated April 19, 1864. The plaintiff claimed title under a deed of warranty from Mary A. Butler to himself, dated, acknowledged and recorded April 15, 1864. The defendant claimed title under a quitclaim deed from Phebe C. Brown to himself, dated April 26, 1862, and a deed of warranty from Mary A. Butler to Phebe C. Brown, dated Aug. 18, 1860, both duly acknowledged and recorded. The plaintiff' contended that Mary A. Butler was insane Aug. 18,…
1Opinion of the CourtBarrows, J.
The demandant and tenant both claim under conveyances made by Mary A. Butler. That under which the tenant holds was prior in time, by some years, but the sanity of the grantor, at the time it was made, and consequéntly her capacity to convey, are controverted.
The tenant’s counsel contended at the trial that the burden of proof was on the plaintiff to satisfy the jury not only that she was of unsound mind at the date of the deed, but that her insanity or imbecility was of such character or degree as to render her incapable of understanding what she was doing when, she signed the deed.
The…
2Cited by2 opinions
- Rublee v. BelmontSupreme Court of New Hampshire · 1882
- Leavitt v. FletcherSupreme Court of New Hampshire · 1880