Booth v. Fuller
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Edwin A. Booth and another against S. Gordon Fuller and another to set aside a deed. From a judgment dismissing the complaint entered on a report of a referee, plaintiffs appeal.
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Appeal from judgment on report of referee. Action by Edwin A. Booth and another against S. Gordon Fuller and another to set aside a deed. From a judgment dismissing the complaint entered on a report of a referee, plaintiffs appeal. The plaintiffs are judgment creditors of the defendant S. Gordon Fuller, having recovered a judgment against him on the 1st day of July, 1891, for 8608.54, upon a debt existing prior to March 80, 1891. After the return of an execution unsatisfied, the plaintiffs, in February, 1896, commenced this action to set aside and cancel as void a deed of certain real estate…
1Opinion of the CourtMerwin, J.
The case was evidently disposed of by the referee on the theory that, although the grantor in the deed was of unsound mind at the time, still the plaintiffs were not in a position to attack the deed. If the deed was simply voidable, that might perhaps be so (Jackson v. Gumaer, 2 Cow. 552); but, under the authoritiés, a deed executed by a person non compos mentis is absolutely void at law (Van Deusen v. Sweet, 51 N. Y. 378; Riggs v. Society, 84 N. Y. 330; Goodyear v. Adams [Sup.] 5 N. Y. Supp. 275, affirmed 119 N. Y. 650, 23 N. E. 1149). If a grantee under such a deed claims equitable' rights,…
2Cases cited12 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Jones v. GreenSupreme Court of the United States · 1864
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Clarkson v. De PeysterNew York Court of Chancery · 1831
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3Cited by1 opinion
- Schanck v. HooperNew York Supreme Court · 1916