Fish v. Poorman

Citations

• 85 Kan. 237
• 116 P. 898
• 1911 Kan. LEXIS 51

Syllabus

<p>OPINION ON REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Insanity — Proof of — Previous Acts Competent Evidence. Where the issue to be determined by the jury is the mental condition of a person at a certain time, it is always competent to show previous acts of insanity, delusion or mental derangement unless the previous conditions are excluded because they appear to be disconnected and remote. Where the mental derangement or its cause is continuing or permanent in character the objection of remoteness will not apply.</p> <p>2. - Nonexpert Competent to Give His Judgment. A non-expert witness may be permitted to give his judgment as to the sane or insane state of another’s mind, after having detailed to the jury the extent of his opportunities to deduce a correct opinion and judgment thereon. (Howard v. Carter, 71 Kan. 85.)</p> <p>3. - Evidence of Taint in Family Competent. Proof of a taint of insanity in the family of a person is competent when there is other proof of the insanity of the person in question.</p> <p>4. Undue Influence — Grantor and Grantee Believers in Spiritualism — Medium—Competent Evidence. The plaintiffs sought to show that a conveyance was procured by the undue influence of the grantee. There was evidence which tended to show that the grantor, a woman fifty-two years of age who was in ill health, conveyed to her family physician a farm worth $3500 in consideration of an indebtedness she owed him of less than $1000. The court excluded evidence that the grantor and grantee were believers in spiritualism and frequently met and talked over their religious belief. Held, that the evidence was competent for the purpose of showing the relations which the parties to the conveyance sustained to each other.</p> <p>5. Delivery op Deed — Presumption When Found among Papers of Deceased. Where a deed to real estate duly executed is found among the papers of a deceased person who is named as grantee the presumption is that it was duly delivered and the bu