Brower v. Fisher
New York Court of Chancery
IN March, 1810, the plaintiff purchased of the defendant his right or share in his father’s real and personal estate, which was subject to debts and incumbrances, for 375 dollars.
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IN March, 1810, the plaintiff purchased of the defendant his right or share in his father’s real and personal estate, which was subject to debts and incumbrances, for 375 dollars. On receiving a deed of conveyance from the defendant, the plaintiff gave him a note for the consideration money, payable in May, 1811. The plaintiff being, after-wards, indebted to the defendant in the sum of about seventy dollars, he gave a bond to the defendant for the amount of the note and that debt, making 479 dollars. The bill stated that the defendant, at the time of the purchase, was of lawful age. That he…
1Opinion of the Court
The Chancellor.
The sole question in this case is, whether the bill shall be dismissed with or without costs. The plaintiff claims no relief after the inquisition which has been returned.
Upon the finding of the jury under the commission, in nature of a writ de lunático inquirendo, I refused to appoint a committee, and adjudged that the defendant was not to be deemed an idiot from the mere circumstance of being born deaf and dumb. This is a clear settled rule, and numerous instances have occurred in which such afflicted persons have demonstrably shown, that they were intelligent, and capable of…
2Cited by3 opinions
- In re the alleged lunacy of PerrineNew Jersey Court of Chancery · 1886
- Oliver v. BerrySupreme Judicial Court of Maine · 1865
- In re BeckwithNew York Supreme Court · 1875