Davis Sewing Machine Co. v. Barnard
Davis Sewing Machine Co. v. Barnard
Opinion of the Court
This is a bill to set aside a conveyance of lands made by Daniel Barnard to Emeline Barnard, Ms wife, in August, 1870, on tbe ground that tbe grantor was insane at tbe time be made it. Tbe supposed equity of complainant arises out of a bond executed by Daniel Barnard to complainant in December, 1871. Daniel Barnard died in June, 1873, and complainant bas proved a claim under tbe bond against tbe estate. There being no assets of tbe estate to pay tbe claim, tbe bill is filed to reach this land.
It is claimed by complainant that Daniel Barnard was insane when tbe deed was given, and continued to be so until bis death. If this was so, tbe bond was void as well as tbe deed. But complainant seeks to avoid this conclusion by relying upon tbe adjudication in the probate court as determining finally and conclusively tbe
Decree reversed and bill dismissed with costs.
Reference
- Full Case Name
- The Davis Sewing Machine Company of Watertown New York v. Emeline Barnard
- Cited By
- 1 case
- Status
- Published