Kelly v. Perrault
Idaho Supreme Court
APPEAL from District Court, Ada County. The evidence of an officer or notary public or subscribing witnesses is entitled to peculiar weight, and is conclusive in the absence of clear and satisfactory evidence to the contrary.' (Massay v. Huntington, 118 Til. 80, 7 N. E. 269; Buclcey v. Buclcey, 38 W. Va. 168, 18 S. E. 383.) The rule in this class of cases is, Had the contracting party sufficient mental capacity to-reasonably understand the value and effect of what he was…
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APPEAL from District Court, Ada County. The evidence of an officer or notary public or subscribing witnesses is entitled to peculiar weight, and is conclusive in the absence of clear and satisfactory evidence to the contrary.' (Massay v. Huntington, 118 Til. 80, 7 N. E. 269; Buclcey v. Buclcey, 38 W. Va. 168, 18 S. E. 383.) The rule in this class of cases is, Had the contracting party sufficient mental capacity to-reasonably understand the value and effect of what he was doing? (Trirnbo v. Trimbo, 47 Minn. 389, 50 N. W. 350; Aiman v. Stout, 42 Pa. St. 114.) A man is capable of deeding his…
1Opinion of the CourtQuakles, J.
Plaintiffs brought this action in the district court of the third judicial district, in and for Ada county, to set aside a deed made to defendant, Katie A. Perrault, by her father, Milton Kelly, on the ninth day of February, 1892, conveying to said defendant certain lands, on the ground of mental incapacity on the part of said grantor, and fraud on the part of the defendant, Joseph Perrault, husband of said grantee. That portion of the complaint touching the incapacity of the grantor is in the following language, to wit: “That on the said ninth day of April, 1892, the said Milton Kelly was…
2Cases cited18 opinions
- Buckey v. BuckeyWest Virginia Supreme Court · 1893
- Rutherford v. MorrisIllinois Supreme Court · 1875
- Francis v. WilkinsonIllinois Supreme Court · 1893
- Carpenter v. CalvertIllinois Supreme Court · 1876
- Reichenbach v. RuddachSupreme Court of Pennsylvania · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Stralovich v. Sunshine Mining Co.Idaho Supreme Court · 1948
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Mollendorf v. DerryIdaho Supreme Court · 1972
- Aranguena v. Triumph Mining Co.Idaho Supreme Court · 1942
- Fritcher v. KelleyIdaho Supreme Court · 1921
16 more not listed; retrieve them via the Exa API.