English v. Porter

Citations

• 109 Ill. 285

Syllabus

<p>1. Contract—mental capacity. Although the mind of a person may be to some extent impaired by age or disease, still, if he be capable of transacting his ordinary business,—if he understands the nature of the business in which he is engaged, and the effect of what he is doing, and can exercise his will with reference thereto,—his acts will be valid and binding.</p> <p>2. Evidence—burden of proof—to avoid a deed on the ground of insanity or undue influence. On bill by a conservator to set aside a conveyance of real estate made by his ward, on the ground of insanity of the grantor and undue influence of the grantee over him, the burden is upon the cornplainant to prove one or both of these allegations of his bill by a preponderance of evidence.</p> <p>3. Same—sufficiency—to show improper relations between a man and a woman. The fact that a man is not the husband of a woman with whom he is on intimate terms and transacts business, but by some were supposed to be man and wife, is not sufficient evidence of illicit or adulterous intercourse between them, or of improper relations.</p> <p>4. Same—the greater number of witnesses does not necessarily control. Mere numbers of witnesses alone, testifying to a state of facts, or as to the mental capacity of another to make a rational contract, will not control, where the less number are more intelligent, more reliable, or in any material respect superior as witnesses to the others.</p> <p>5. Conveyance—-in payment of a debt—relations between the parties, as affecting the validity of the transaction. A conveyance of land in payment of the notes of the grantor, for money owing to the grantee, will be sustained, and in such case it is immaterial in what relation the parties may have stood toward each other. It is only where a conveyance is purely voluntary, or at least for an inadequate consideration, that inquiry .into that relationship can become material.</p>