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" N. $., 1, where the question arose upon a deed, the judge, in his charge to the jury, told them that the question for them to try was, whether JS was a person of sound mind or not ; and that to constitute such unsoundness of mind as should avoid a deed... "
Reports of Cases Upon Appeals and Writs of Error in the House of Lords: And ... - Page 371
by Great Britain. Parliament. House of Lords, Patrick Dow, Charles Clarke - 1830
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 5

1830 - 560 pages
...mind or not: that to constitute such unsoundness as should avoid a deed at law, the party executing must be incapable of understanding and acting in the...ordinary affairs of life: that it was not necessary he should be without any glimmering of reason ; and as one test of such incapacity, they were at liberty...
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New Reports of Cases Heard in the House of Lords: On Appeals and ..., Volume 3

Great Britain. Parliament. House of Lords, Richard Bligh - 1831 - 478 pages
...them to try was, whether JS was a person of sound mind or not, and that to constitute such unsoundness of mind as should avoid a deed at law ? the person executing such a MANNIN, deed, must be incapable of understanding and acting in the ordinary affairs of life, that...
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A Practical Treatise on the Law Concerning Lunatics, Idiots, and Persons of ...

Leonard Shelford - 1833 - 964 pages
...Ball was a person of sound mind or not ; and that, to cdnstitute such unsoundness of mind as would avoid a deed at law* the person executing such deed...that it was not necessary that he should be without a glimmering of reason, but that it was sufficient if he was incapable of understanding his own ordinary...
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A Practical Treatise of the Law of Evidence, and Digest of Proofs ..., Volume 1

Thomas Starkie - 1842 - 1186 pages
...went on to explain that to constitute such unsoundness of mind as would avoid a deed at law, the party must be incapable of understanding and acting in the ordinary affairs of life; and that the jury were at liberty to consider whether he was capable of understanding what he did by...
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A Treatise of the Law of Property: As Administered by the House of Lords

Edward Burtenshaw Sugden - 1849 - 830 pages
...Perhaps the learned Judge went too far when he said, that to constitute such unsoundness of mind as would avoid a deed at law, the person executing such deed...understanding and acting in the ordinary affairs of life (I), but that could not be complained of under the bill of exceptions. He directed the jury that it...
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The Parish Will Case, in the Court of Appeals: The Statement of Facts, and ...

Joseph Delafield, New York (State). Court of Appeals - 1862 - 806 pages
...to try was, whether JS was a person of sound mind or not ; and that to constitute such unsoundness of mind as should avoid a deed at law, the person...ordinary affairs of life ; that it was not necessary 219 that he should be without any glimmering of reason, but that it was sufficient if he was incapable...
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The House of Lords Cases on Appeals and Writs of Error, Claims of ..., Volume 1

Great Britain. Parliament. House of Lords, Charles Clark, William Finnelly - 1868 - 458 pages
...and that to constitute such unsoundness of mind as to avoid a deed at law, the person executing it must be incapable of understanding and acting in the ordinary affairs of life. Exception to this, for that the judge ought to have directed the jury that the unsoundness must amount...
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A Treatise on the Law of Sales of Personal Property: With Illustrations from ...

William Wetmore Story - 1871 - 784 pages
...to give a definition, ' That to constitute such unsoundness as should avoid a deed at law, the party executing such deed must be incapable of understanding and acting in the ordinary affairs of life.' In that, perhaps, he went too far. The Judge then directed the jury that ' It was not necessary he...
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A Compendium of Commercial Law: Analytically and Topically Arranged, with ...

Calvin Townsend - 1871 - 620 pages
...in understanding ; the insane person is deranged in understanding. To constitute idiocy, the party must be incapable of understanding and acting in the ordinary affairs of life.8 It is sufficient to invalidate any contract, if it clearly appear that the party contracting...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 15

United States. Supreme Court - 1873 - 740 pages
...Vol. 2, p. 1104. ' J 1 Dow & Clark, 380. Opinion of the court. that "to constitute such unsoundness of mind as should avoid a deed at law, the person...understanding and acting in the ordinary affairs of life," and refused to charge that the unsoundness of mind must amount to idiocy. The ruling was sustained...
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