Weaver v. Carothers, 6 Div. 295.

Decision Date01 March 1934
Docket Number6 Div. 295.
PartiesWEAVER et al. v. CAROTHERS et al.
CourtAlabama Supreme Court

Appeal from Circuit Court, Cullman County; James E. Horton, Judge.

Creditor's bill by R. M. Weaver and others against William Carothers and others. From a decree dismissing the bill, complainants appeal.

Affirmed.

St. John & St. John, of Cullman, and Lynne & Lynne, of Decatur, for appellants.

W. E. James, of Cullman, and A. J. Harris, of Decatur, for appellees.

ANDERSON, Chief Justice.

The only question involved upon this appeal is whether or not the appellees have shown such mental incapacity upon the part of William Carothers as would invalidate the indebtedness claimed by the complainants. We concede the soundness of the rule as laid down in the cases cited in brief of appellants' counsel that, to avoid a contract on the ground of insanity, it must be satisfactorily shown that the party was incapable of transacting the particular business in question. It is not enough to show that he was the subject of delusions not affecting the subject-matter of the transaction, nor that he was, in other respects, mentally weak. A party cannot avoid a contract, free from fraud or undue influence, on the ground of mental incapacity, unless it be shown that his insanity (which, under our statute, section 1 of the Code of 1923, includes "lunatics" or "non compos mentis," and means all persons of unsound mind) was of such character that he had no reasonable perception or understanding of the nature and terms of the contract. This question was submitted to a jury by the trial court, and, while their verdict was merely advisory and not conclusive, the record discloses many lay and expert witnesses were examined, including an alienist, the subject being present and observable to the experts and jury, and a careful consideration of the evidence does not convince us that the ruling of the trial court, which is set out in a clear and convincing opinion, is erroneous, and the decree of the circuit court is affirmed. The reporter will set out the opinion of the trial court in the statement of the case, as we feel that an elaboration of same can serve no useful purpose.

Affirmed.

THOMAS, BROWN, and KNIGHT, JJ., concur.

To continue reading

Request your trial
11 cases
  • Mason v. Acceptance Loan Co., Inc.
    • United States
    • Alabama Supreme Court
    • September 27, 2002
    ...(Ala.1980); Ala.Code 1975, § 8-1-170. In McAlister v. Deatherage, 523 So.2d 387, 388 (Ala.1988), quoting from Weaver v. Carothers, 228 Ala. 157, 160, 153 So. 201, 202 (1934), this Court explained the cognitive (understanding) test that Alabama adopted in order to determine whether a contrac......
  • Ex Parte Chris Langley Timber & Management
    • United States
    • Alabama Supreme Court
    • July 22, 2005
    ...239 (1927), quoting in turn 18 C.J. 218, § 131); see also McAlister v. Deatherage, 523 So.2d 387, 388 (Ala.1988), and Weaver v. Carothers, 228 Ala. 157, 153 So. 201 (1934). In order to render a deed void, the burden of proof is on the party attacking the conveyance to show the incapacity of......
  • Spence v. Spence
    • United States
    • Alabama Supreme Court
    • March 28, 1940
    ...in a reasonable manner the nature and effect of the act which he is doing. Hall v. Britton, 216 Ala. 265, 113 So. 238; Weaver v. Carothers, 228 Ala. 157, 153 So. 201. A deed to a person with notice of such incapacity will be aside in equity, without a restitution of the consideration, if it......
  • Wells v. Wells
    • United States
    • Alabama Court of Civil Appeals
    • April 16, 2010
    ...239 (1927), quoting in turn 18 C.J. 218, § 131); see also McAlister v. Deatherage, 523 So.2d 387, 388 (Ala.1988), and Weaver v. Carothers, 228 Ala. 157, 153 So. 201 (1934). In order to render a deed void, the burden of proof is on the party attacking the conveyance to show the incapacity of......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT