Clinton v. Estes
Supreme Court of Arkansas
Appeal from the Circuit Court of Franklin county. Hon. Felix I. Batson, Circuit Judge. The opinions of a witness, that a party has not the mental capacity to make a contract, are worthless, only so far as they are based upon facts declared in the evidence of the witness. Bee Sears vs. Shafer, 1 Barbour S. C. R. 412; 3 Wash. Cir. Court Rep. 589; Gowen and Hill’s notes, 2 vol. Phil.
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Appeal from the Circuit Court of Franklin county. Hon. Felix I. Batson, Circuit Judge. The opinions of a witness, that a party has not the mental capacity to make a contract, are worthless, only so far as they are based upon facts declared in the evidence of the witness. Bee Sears vs. Shafer, 1 Barbour S. C. R. 412; 3 Wash. Cir. Court Rep. 589; Gowen and Hill’s notes, 2 vol. Phil. Ev. note 529; 3 Dev. 357. In this case the plaintiff relies upon his mental incapacity to contract. The law presumes every one of sound mind, and it devolved upon the plaintiff to prove that he was at the time…
1Opinion of the CourtChief Justice English
On the 30th of August, 1850, Andrew Estes commenced an action of replevin, in the cepit, against Willis A. J. Clinton, in the Crawford Circuit Court, for the recovery of slaves, named Milly, Bob, Angeline, Sam, Betty, Malissa and Ned.
The defendant pleaded non cepit, and property in himself, to which issues were made up, and upon his application, the venue was changed to the Franklin Circuit Court, where, after several mistrials, the cause was finally tried at the June term, 1856, and verdict and judgment in favor of plaintiff, and the, defendant appealed.
No motion for a new trial was made,…
2Cases cited11 opinions
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- Lee v. JilsonSupreme Court of Connecticut · 1831
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- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1832
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