Allore v. Jewell
94 U.S. 506

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U.S. Supreme Court

Allore v. Jewell, 94 U.S. 506 (1876)

Allore v. Jewell

94 U.S. 506

Syllabus

1. Whenever there is great weakness of mind, though not amounting to absolute disqualification, arising from age, sickness, or any other cause in a person executing a conveyance, and the consideration given for the land 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.

2. When a person, from infirmity and mental weakness, is likely to be easily influenced by others, transactions entered into by such person without independent advice will be set aside if there is any unfairness in them. The principle upon which courts act in such cases, applied to a conveyance of land obtained from a woman advanced in years, of doubtful sanity, living entirely by herself, without friends to take care of her, and confined to her house by sickness.

3. The lapse of time, six years, before bringing suit to cancel a conveyance so obtained cannot avail the defendant where he has had possession of the land, and a reasonable rent therefor is equal to the value of his improvements thereon, and there has been no loss of evidence preventing a full presentation of the case.

The facts are stated in the opinion of the Court.

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