Ricketts v. Jolliff

Citations

• 62 Miss. 440

Syllabus

<p>.1. Contract. Previous insanity of party. Proof of capacity.</p> <p>Pie who would enforce a contract with a person habitually insane previous to the making thereof, must prove that such person was sane and capable of contracting at the time of the transaction in question.</p> <p>2. Same. Insanity of party. Lucid interval. Character of proof.</p> <p>Proof of a lucid interval after derangement of the mind, adduced in sup- ’ port of a contract made in such interval, must be as strong and demonstrative as would be required to show insanity, and must go to the state and habit of the mind, and not merely to an accidental conversation, or behavior on a particular occasion.</p> <p>3. Same. Or deed. Of insane person. May be avoided, when.</p> <p>Any contract or conveyance of property made by an insane person, except for necessaries suited to his condition in life, may be avoided by him on the ground of insanity, if the other party had knowledge thereof, or information that should have led a prudent man to acquire such a knowledge, or if he used any unfairness or fraud in the transaction.</p> <p>4. Same. Rescission. Restitution of consideration, when not required.</p> <p>Restitution of the consideration received by the insane person is not a condition precedent to the rescission of such contract or conveyance, if it has been wasted or has passed beyond his control.</p>