Haynes v. Swann
Tennessee Supreme Court
FROM KNOX. Appeal from the decree of tbe Chancery Court, July Term, 1861. Seth J. W. Luckey, Ch. All contracts with persons of unsound mind, injuriously affecting their property or rights, are fraudulent and void: Talley’s Ex’rs v. Sherly Smith, 1 Col., 291; 1 Swan, 474. Insanity is not to be inferred from the opinions of witnesses, but from the facts and circumstances stated by them: Gibson v. Gibson, 9 Hum., 329. Insanity once established is presumed to continue to be the…
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FROM KNOX. Appeal from the decree of tbe Chancery Court, July Term, 1861. Seth J. W. Luckey, Ch. All contracts with persons of unsound mind, injuriously affecting their property or rights, are fraudulent and void: Talley’s Ex’rs v. Sherly Smith, 1 Col., 291; 1 Swan, 474. Insanity is not to be inferred from the opinions of witnesses, but from the facts and circumstances stated by them: Gibson v. Gibson, 9 Hum., 329. Insanity once established is presumed to continue to be the status of a party until the contrary is proven: Ray’s Med. Juris., 388; Greenl. Ev., s. 42. Insanity is often artfully…
1Opinion of the CourtNicholsoN, C. J.
About 1840 the complainant, Stephen Haynes, being then possessed of but little property, was elected a constable for Knox county, and at the end of his term he was probably re-elected; and at the beginning of 1843 he had become the owner of a valuable estate, consisting of lands in Knox county and town lots in Knoxville. He was faithful and energetic as an officer, was a keen, shrewd trader, and was engaged during a portion of the time in carrying on in Knoxville a trade in liquors by retail. His drinking house was of a low order, was known as a place where the. “blind tiger” was kept, and in…
2Cited by9 opinions
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- Turner v. BellTennessee Supreme Court · 1955
- Akers v. GillentineTennessee Supreme Court · 1948
- Akers v. GillentineTennessee Supreme Court · 1950
- Jackson v. Van DresserTennessee Supreme Court · 1949
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