Bradford v. Abend

Citations

• 89 Ill. 78

Syllabus

<p>1.. Divorce—on bill filed by insane person, invalid. Where a bill is filed in the name of an insane wife, against her husband, for a divorce, while she is in close confinement in another State, beyond the jurisdiction of our courts, it matters not who advised the filing of the bill, she can give no consent to the proceedings, and everything done in her name, and the decree of divorce, will be invalid, and may be set aside on bill filed by her conservator. Whether there is fraud, in fact, or not, the law will presume fraud, from the unequal position of the parties, and that will vitiate the decree.</p> <p>2. Equity—will protect persons bereft of reason. Where a party is unable, in consequence of mental weakness, to protect himself, equity will lend its aid, that no injustice may be done. It will protect such party against his own acts, as well as those of others done in his name.</p>