Stephen Johnson Field

Name: Allore v. Jewell — Opinion of the Court
Author: Stephen Johnson Field

Summary

“Allore v. Jewell — Opinion of the Court”, is a work by Stephen Johnson Field. It explores elements such as conveyance, Dolsen and sickness.

Quotes from Allore v. Jewell — Opinion of the Court (Stephen Johnson Field)

Stephen Johnson Field, Allore v. Jewell — Opinion of the Court

“ Certain it is, that, in negotiating for the disposition of the property, she stood, in her sickness and infirmities, on no terms of equality with the defendant, who, with his attorney and agent, met her alone in her hovel to obtain the conveyance.
It is not necessary, in order to secure the aid of equity, to prove that the deceased was at the time insane, or in such a state of mental imbecility as to render her entirely incapable of executing a valid deed. ”

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Source: Wikisource

Stephen Johnson Field, Allore v. Jewell — Opinion of the Court

“ Chief Justice Marshall, speaking of this, and, it would seem, of other deeds executed by the deceased, said: 'If these deeds were obtained by the exercise of undue influence over a man whose mind had ceased to be the safe guide of his actions, it is against conscience for him who has obtained them to derive any advantage from them. It is the peculiar province of a court of conscience to set them aside. That a court of equity will interpose in such a case is among its best-settled principles. ”

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Source: Wikisource

Stephen Johnson Field, Allore v. Jewell — Opinion of the Court

“ And yet, when all the facts stated by the different witnesses are taken together, one is led irresistibly by their combined effect to the conclusion, that, if the deceased was not afficted with insanity for some years before her death, her mind wandered so near the line which divides sanity from insanity as to render any important business transaction with her of doubtful propristy, and to justify a careful scrutiny into its fairness. ”

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Source: Wikisource

Stephen Johnson Field, Allore v. Jewell — Opinion of the Court

“ Justice Story, in deciding the case, 'will raise an almost necessary presumption of imposition, even when it stops short of legal incapacity; and though a contract, in the ordinary course of things, reasonably made with such a person, might be admitted to stand, yet if it should appear to be of such a nature as that such a person could not be capable of measuring its extent or importance, its reasonableness or its value, fully and fairly, it cannot be that the law is so much at variance with common sense as to uphold it.' The case subsequently came before this court ”

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Source: Wikisource

Stephen Johnson Field, Allore v. Jewell — Opinion of the Court

“ Instances will readily occur to every one where some of them have been exhibited by persons possessing good judgment in the management and disposition of property. But when all the peculiarities mentioned, of life, conduct, and language, are found in the same person, they create a strong impression that his mind is not entirely sound; and all transactions relating to his property will be narrowly scanned by a court of equity, whenever brought under its cognizance.
The condition of the deceased was not improved during her last sickness. ”

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Source: Wikisource

Stephen Johnson Field, Allore v. Jewell — Opinion of the Court

“ The same doctrine is announced in adjudged cases, almost without number; and it may be stated as settled law, that whenever there is great weakness of mind in a person executing a conveyance of land, arising from age, sickness, or any other cause, though not amounting to absolute disqualification, and the consideration given for the property is grossly inadequate, a court of equity will, upon proper and seasonable application of the injured party, or his representatives or heirs, interfere and set the conveyance aside. ”

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Source: Wikisource

Stephen Johnson Field, Allore v. Jewell — Opinion of the Court

“ As grounds for cancelling this conveyance, the complainant alleges that the deceased, during the last few years of her life, was afflicted with lunacy or chronic insanity, and was so infirm as to be incapable of transacting any business of importance; that her last sickness aggravated her insanity, greatly weakened her mental faculties, and still more disqualified her for business; that the defendant and his agent knew of her infirmity, and that there was no reasonable prospect of her recovery from her sickness, or of her long surviving, when the conveyance was taken ”

Stephen Johnson Field

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