Citation Numbers: 1 Thompson 150, 1 Shan. Cas. 92
Judges: Kinney
Filed Date: 9/15/1858
Status: Precedential
Modified Date: 1/13/2023
delivered the opinion of the Court:
The decree is against the decided preponderance of the proof, and must be reversed. This clearly establishes that John Moser was subject to, occasional paroxysms of mental derangement, with intermissions of longer or shorter duration, during which his capacity for the
Decree reversed and bill dismissed.
Effect of lapse of time on bill for reeission. Phillips "v. Hollister, 2 Cold. 269, 278 ; Hotchkiss v. Fortson, 7 Yerg. 57 ; Peck v. Bullard, 2 Humph. 42 ; Humbard v. Humbard, 3 Head, 100. But lapse of time will not bar the right of a person non composmentis to a recis-aion. Alston v. Boyd, 6 Humph. 505.
Further as to effect of lapse of time, on a bill for reeission, fles Smith v. Babcocks, 2 Wood B. & M. 246.