Valpey v. Rea
| Decision Date | 23 February 1881 |
| Citation | 130 Mass. 384 |
| Parties | Daniel S. A. Valpey v. Milton Rea |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Exceptions sustained.
D Saunders & C. G. Saunders, for the demandant.
W. S Knox, for the tenant.
The demandant claims title as a judgment creditor of Jacob C. Rea under the levy of an execution.The land demanded was devised to Jacob C. by his father, Aaron G. Rea, who, some time after the will was executed, conveyed the same premises by deed to Milton Rea, the tenant.
At the trial, the demandant offered to prove that Aaron G. was insane when he gave the deed above named to Milton, and that he died without being restored to sanity.It did not appear that any entry had been made, or any other act done to avoid the deed, by the grantor himself, by any legally appointed guardian during his lifetime, or by any of his heirs or devisees since his death.And thereupon the judge ruled that the demandant, as a creditor of Jacob C., could not avoid the deed upon the facts offered to be proved; and that the latter had no interest or right of entry in the premises which could be attached or taken on execution by a creditor.
The deed of an insane person is ineffectual to convey a title to land, good against the grantor, or against his heirs and devisees, unless it is confirmed by the grantor himself when of sound mind, or by his legally constituted guardian, or by his heirs or devisees.Arnold v. Richmond Iron Works, 1 Gray 434.Allis v. Billings, 6 Met. 415.Gibson v. Soper, 6 Gray 279.Howe v. Howe, 99 Mass. 88, 98.Carrier v. Sears, 4 Allen 336. 2 KentCom. 451.
By the will of Aaron G., executed when he was of sound mind, the land demanded was devised to Jacob C., the judgment debtor.When that will was proved and allowed, the latter, under his title as devisee, acquired...
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Nelson v. Thompson
...Nothing being paid, heirs could evince disaffirmance by bringing suit. Gibson v. Soper, 6 Gray, 279, 280; Hull v. Louth, supra; Valpey v. Rea, 130 Mass. 384; Brigham v. Fayerweather, 144 Mass. 48; Elder v. Schumacher, 33 P. 175; Burnham v. Mittchell, 34 Wis. 117; Crawford v. Scoville, 94 Pa......
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Brewster v. Weston
...it is confirmed by the grantor himself when of sound mind, or by his legally constituted guardian, or by his heirs or devisees. Valpey v. Rea, 130 Mass. 384;Allis v. Billings, 6 Metc. 415,39 Am. Dec. 744;Gibson v. Soper, 6 Gray, 279, 66 Am. Dec. 414;Brigham v. Fayerweather, 144 Mass. 48, 10......
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French Lumbering Co. v. Theriault
...Other New York cases are in the same line. Riggs v. Society, 95 N. Y. 503;Valentine v. Lunt, 115 N. Y. 496, 22 N. E. 209. Valpey v. Rea, 130 Mass. 384, is cited to our attention as holding that the deed of an insane person is absolutely void unless ratified by the grantor on recovering his ......
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Brewster v. Weston
...it is confirmed by the grantor himself when of sound mind, or by his legally constituted guardian, or by his heirs or devisees. Valpey v. Rea, 130 Mass. 384 . Allis Billings, 6 Met. 415. Gibson v. Soper, 6 Gray, 279. Brigham v. Fayerweather, 144 Mass. 48 . Brown v. Brown, 209 Mass. 388 , 39......