Burnham v. Kidwell

Citations

• 113 Ill. 425
• 1885 Ill. LEXIS 711

Syllabus

<p>1. Idiocy—deed by an idiot—whether void, or only voidable. A deed made by a person before he is adjudged to be an idiot, like the deed of an infant, is not void, but is voidable only.</p> <p>2. Same—the statute as to the conditions to a valid deed—construed. Section 1, chapter 30, of the Revised Statutes of 1874, to the effect that every deed, etc., not procured by duress, but signed, sealed, etc., the maker being of full age, sound mind, and discovert, shall be sufficient, simply declares that certain things shall constitute a good deed,—it does not, by implication, negative that a good deed can in no otherwise be made.</p> <p>3. Same—setting aside deed made by an idiot—upon terms. Where land is bought of a person before he is adjudged an idiot, in good faith, by the purchaser, or money is loaned to him in good faith, and he secures its payment by mortgage, and the proceeds of the sale or loan are expended in and about his care and support, the deed or mortgage can not be avoided until the money so received by the idiot is returned, or offered to be returned.</p>