Porter v. Porter

Citations

• 89 Va. 118
• 15 S.E. 500
• 1892 Va. LEXIS 79

Syllabus

<p>1. Sanity—Burden of proof—Rules.—“The legal presumption fe that all men are sane, and the burden of proof is on him who alleges unsoundness of mind in an individual.” Miller v. Rutledge, 82 Va. 867. “ Mere weakness of the understanding is no objection to a man’s disposing of his own estate.” Beverley v. Walden, 20 Gratt. 147. “ The testimony of witnesses present at the factum, is more to be relied on than the opinion of witnesses based upon facts which may be true, and yet not be the result of unsoundness of mind.” Ibid. 147.</p> <p>2. Deeds—Unsoundness of mind —Undue influence—Case at bar.—In case here the evidence establishes the grantor’s competency and the absence of undue influence, and the fact that the value of the property conveyed was not more than an adequate compensation for the services rendered by the grantee to the grantor:</p> <p>Held :</p> <p>The decree establishing the deed should not be disturbed.</p> <p>8. Idem—Innocent purchasers—Case at bar.—Property conveyed by the deed claimed to have been executed under undue influence, having been advertised for sale by the grantee for two years, without any objection from those adversely interested, and without notice of their claims to the innocent purchasers :</p> <p>Held :</p> <p>The deed must stand in favor of those purchasers, whether it was or was not executed under undue influence.</p>