67 So. 992 | Ala. | 1915
The appellants, the children of J. W.. Thomas and Janie Thomas, and J. W. Thomas suing by his next friend Janie Thomas, filed a bill in the.
Several grounds of demurrer were interposed in the court below. The decree of the chancellor held that the third, fourth, fifth, sixth, and seventh grounds were well taken, and which ruling is assigned as error. The grounds of demurrer held to be good are as follows:
(3) The bill fails to allege a lack of good faith on the part of the respondent in the transaction set up. (4) The bill fails to allege the absence of a valuable consideration for the conveyance sought to be canceled. (5) The bill fails to allege that the respondent had notice of the alleged insanity of the complainant, J. W. Thomas, at the time of the transaction. (6) There is no offer to do equity on the part of the complainants. (7) The complainants pray that the purchase-money notes and the mortgage be canceled, but do not offer to pay the purchase price nor to reconvey the land to the respondent.
An act approved March 2, 1901 (Local Laws 1900-01, p. 1943), “To better protect bona fide purchasers of real estate from insane persons, without notice of such insanity,” incorporated in the Code of 1907 as sections 3347 and 3348, is as follows: (3347) “Conveyance by
(3348) “Contracts of Insane Persons Void. — Except as provided in the preceding section, all contracts of an insane person are void, but he and his estate shall be liable for necessaries furnished him which may be recovered upon the same proof and upon the same conditions as if furnished to an infant.”
The notes and mortgage securing the same, together with the deed sought to be canceled, were executed after the passage of this act, and are governed by its terms.—Mitchell v. Baldwin, 154 Ala. 346, 45 South. 715; Code 1907, §§ 3347, 3348. It will be noted that the cases of Mitchell v. Baldwin, supra, Galloway, Trustee, v. Hendon, 131 Ala. 820, 31 South. 603, Wilkinson v. Wilkinson, 129 Ala. 279, 30 South. 578, and Dougherty v. Powe, 127 Ala. 577, 30 South. 524, were dealing with conveyances made before the passage of the act of March, 1901, or its incorporation in the Code of 1907.
In Walker v. Winn, 142 Ala. 560, 39 South. 12, 110 Am. St. Rep. 50, 4 Ann. Cas. 537, the indorsement of a promissory note by the payee, who was insane, was held to confer no right to the indorsee. It will be observed that the question of a purchase from, or of a
The case of Seaver v. Phelps, 11 Pick. (Mass.) 304, 22 Am. Dec. 372, cited by appellant’s counsel, was in trover for a promissory note pledged to the defendant by the plaintiff when he was insane. There was no statute in Massachusetts like the Alabama statute.
In Head v. Lane, 186 Ala. 335, 65 South. 343, it was held that where the life tenant with absolute power of disposition, with remainder over, sold the property when insane, such conveyance, under the Code of 1907 (section 3348), was a nullity; and that after his death a court of chancery would give the remaindermen relief against such a conveyance. The life tenant had the absolute power of disposition, a valid execution of which would defeat the estate of the remaindermen. Because of the disability of insanity, it was held that there could be no valid exercise of this power of disposition.
The decree of the chancellor was in accordance with the views here expressed, and it is therefore affirmed.
Affirmed.