Searle v. Galbraith

Citations

• 73 Ill. 269

Syllabus

<p>1. Jurisdiction—can not be questioned in collateral proceeding. When the record shows, or the court finds, the jurisdictional facts, the record can not be contradicted or questioned in a collateral proceeding.</p> <p>2. Where a decree recited that the court found that the county court had appointed a conservator for the defendant, and that the latter had been ascertained by a jury, according to the form of the statute, to be an insane person, it was held, that he could not be allowed to contradict llie finding of the decree, so far as it related to the appointment of a conservator.</p> <p>3. Insanity—does not necessarily avoid business transaction. It is well understood, that in many forms of insanity the capacity to transact business is entirely unaffected, and in such cases the fact of insanity can not be set up to avoid business transactions.</p> <p>4. Where an insane person received llie benefit of all the purchase money received from a sale made by his conservator, and it appeared that at llie time of receiving it he had sufficient capacity to transact business intelligently, and that he comprehended what had been done, it was held, that he was estopped from afterwards denying the validity of such sale.</p>