Soverhill v. Post
New York Supreme Court
This action was brought by Isaac Soverhill, as committee of the person and estate of Coonrade Morrison, a lunatic, after direction by this court, by order granted at Albany on the 30th day of June, 1855. It was brought to annul, set aside and avoid a deed executed by said Morrison and wife, to the above named defendant, bearing date on the 20th day of November, 1849, purporting to convey to said defendant a farm of land situate in Greenport, Columbia county, N. Y.,…
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This action was brought by Isaac Soverhill, as committee of the person and estate of Coonrade Morrison, a lunatic, after direction by this court, by order granted at Albany on the 30th day of June, 1855. It was brought to annul, set aside and avoid a deed executed by said Morrison and wife, to the above named defendant, bearing date on the 20th day of November, 1849, purporting to convey to said defendant a farm of land situate in Greenport, Columbia county, N. Y., containing about 120 acres, and valued at $12,000. A commission, in the nature of a writ de lunático inquirendo, had theretofore…
1Opinion of the Court
By the court, Gould, Justice.
The issues in this case— (it being an equity case, to set aside a deed as "obtained, 1st, from a person not competent to make a deed; and 2d, by undue influence)—were ordered to be tried by a jury, for the purpose of instructing the conscience of the court as to the making of such a decree as should be agreeable to equity. In such an inquiry, on such issues, there is usually allowed great latitude in adducing all the evidence which *392can, in any reasonable degree of proximity, bear upon the questions. And the circumstances of the family; those of its different…
2Cited by1 opinion
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