Curtis v. Kirkpatrick

Citations

• 9 Idaho 629
• 75 P. 760
• 1904 Ida. LEXIS 83

Syllabus

<p>Mental Capacity — When Competent to Transact Business — Undue Influence — Findings of the Court will not be Disturbed When — Intoxicating Liquors — Spiritualism.</p> <p>1. When it is shown that the party conveying property by warranty deed, or executing and delivering a mortgage on property, understood and knew the nature and effect of such conveyances, at the time of their execution, he is competent to make such conveyances.</p> <p>2. Undue influence must be shown to have existed at the time of the execution and delivery of the instrument complained of, or it will not be set aside or canceled in a court of equity.</p> <p>3. Excessive use of intoxicating liquors is not alone sufficient to disqualify one from transacting business, or conveying real estate, unless it be shown that at the time of the transaction he did not fully understand the nature of the transaction.</p> <p>4. The fact that one is a believer in spiritualism and makes many statements apparently unreasonable is not evidence of insanity.</p> <p>5. Findings of a jury in an equity case are only advisory, and may be adopted, or amended and adopted as the findings of the court, or the court may make its findings independent of the findings of the jury.</p> <p>(Syllabus by the court.)</p>