Elston v. Jasper

Citations

• 45 Tex. 409

Syllabus

<p>1. Pleading — Insanity—Ratification of contract — Evidence. When insanity is specially pleaded as a defense to avoid a sale and a ratification of a contract after the removal of the disability is relied on, such ratification must be pleaded before the plaintiff will be permitted to introduce evidence to establish it.</p> <p>2. Insane person — Deed.—The deed of an insane, person is not void. but voidable only, but such person, whilst actually under legal and subsisting guardianship, and in support of the guardian’s authority, is conclusively presumed incompetent to contract, and his deed, as against his guardian, is absolutely void.</p> <p>3. Same. — If, however, as an actual fact, the guardianship had been practically abandoned at the time of the sale, and the person who had been insane was, when the deed was executed, of sound mind, the contract, if fair, will be enforced.</p> <p>4. Burden of proof — Insanity—Deed.—The burden of proving the restoration to reason and the termination or practical abandonment of the guardianship of one insane, is upon him who seeks the enforcement of a contract against him who pleads insanity.</p>