Huban v. Huban
Huban v. Huban
Opinion of the Court
Opinion by
There is nothing in this case for the appellant. It appears from the statements of the petition and the evidence in the record that the appellee, shortly before the conveyance was made, had been found a lunatic and sent to an asylum, and that his mind was restored, or that fact afterwards ascertained by the
This appellee, once a lunatic, with a mind doubtless as feeble as the body, living with a half-brother, who is utterly insolvent, conveys to the latter, without any consideration whatever, his entire estate; and when an opportunity is afforded the grantee to explain the transaction and show to the chancellor its fairness, he expresses or declines to make any explanation whatever, but stands upon the recitals of his deed. This will not do. The facts of this case conduce to show that the appellee was under the control of the appellant, or at least subj ect to his influence, and with a mind to some extent wrecked. No chancellor should enforce such an unjust and unconscientious transaction.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.