Titcomb v. Vantyle

Citations

• 84 Ill. 371

Syllabus

<p>1. Verdict—on, feigned issue out of chancery, only advisory. The verdict of a jury, on a trial of a feigned issue out of chancery, is merely advisory to the chancellor, which he may regard or disregard, and enter a decree contrary to the finding, as, in his judgment, the weight of the evidence may justify.</p> <p>3. Insanity—presumption in regard, to. The legal presumption is, that all persons of mature age are of sane memory, and this presumption continues until inquest found, when, perhaps, the presumption is reversed until rebutted by evidence that sanity has returned.</p> <p>3. When it is sought to set aside a judgment and sale of land under it, on the ground of the insanity of the defendant at the time the judgment was rendered, it devolves upon the party averring such insanity, to prove it py a clear preponderance of evidence.</p> <p>4. Same—when party relieved from, responsibility for his acts. When the mind is so deranged that a person can not comprehend and understand the effect and consequences of an act, or the business in which he may be engaged, the law will relieve him from his acts; but so long as he is possessed of the requisite mental faculties to transact rationally the ordinary affairs of life, he will not be relieved from the responsibility that rests on the ordinary citizen.</p>