Cocke v. Montgomery
Supreme Court of Iowa
Appeal from Warren District Court. — Hon. O. JB. Ayres, Judge. • This is an action in equity, by which plaintiff seeks to set aside and annul certain mortgages upon a stock of drugs made by her deceased husband to certain of his creditors, upon the ground that at the time he executed the mortgages he was mentally incapable of entering into any contract or transacting any business. There were two cases involving the same questions.
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Appeal from Warren District Court. — Hon. O. JB. Ayres, Judge. • This is an action in equity, by which plaintiff seeks to set aside and annul certain mortgages upon a stock of drugs made by her deceased husband to certain of his creditors, upon the ground that at the time he executed the mortgages he was mentally incapable of entering into any contract or transacting any business. There were two cases involving the same questions. They were tried in the district court upon the same evidence, and are submitted to this court in the same manner. The court below entered decrees dismissing the…
1Opinion of the CourtRothrock, J.
L Sentafinoa-Sence.: eTI' — I. It appears from the evidence that A. R. Cocke, the intestate, was for some years engaged in the drug business: He owned a small stock of goods, and was regarded as a good business man. Some time before his death he was injured by falling from a wagon, and he became feeble and emaciated, and- gradually failed until his death. It does not appear that he had any affection of the brain, but his mental faculties became weak as his physical powers failed. He was justly indebted to the defendants. He sent for one of them, and proposed to secure his claim by a mortgage…
2Cited by5 opinions
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- Merchants' National Bank v. SoesbeSupreme Court of Iowa · 1908