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129 Ala. 279

Wilkinson v. Wilkinson

Supreme Court of Alabama

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

Heard before the Hon. William L. Parks. The bill in this case was originally filed on November 15, 1892, by W. W. Wilkinson by next friend, against H. A. Wilkinson, Harriet Weil, Abraham Weil and Emanuel Lehman.

Relies on Curry v. Peebles · Dougherty v. Powe · Tyson v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

How this case has been cited

Cited by 20 later decisions — most recently April 2010

20 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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TYSON, J.

¶1The bill seeks to have certain conveyances declared void and cancelled. The material allegations of the bill upon •which this relief is predicated may be stated to be these: That during the year 1880, the complainant was taken violently ill and became insane, and has never subsequent to said date been compos men-tis or of sound mind; that in July, 1885, he executed to his son, H. /. Wilkinson, a deed to certain real estate while he was insane, and incapacitated and incapable of contracting; that H. Z. Wilkinson, in 1888, executed a mortgage to his co-respondents’ testator. It sufficiently appears that complainant was out of the possession of the lands.

¶2There was a motion to dismiss the 'bill for want of equity and a demurrer to it on the ground that the complainant has adequate remedy at law.

¶3The deed was absolutely void, not merely voidable, and therefore a nullity. Being void, no title passed by *282it to I-I. Z. Wilkinson, and, of course, the -mortgage executed by him'conveyed none.—Daugherty v. Powe, 127 Ala. 577, and authorities therein cited; Beach on Modern Law -of Contracts.

¶4■Complainant being insane and his deed a nullity on that account, it is of no consequence that-it was procured by arts -and misrepresentations.

¶5The deed being absolutely void at law, no necessity exists for invoking the exercise of the jurisdiction of a court of equity to have it declared void. As the law affords a plain and adequate remedy for a recovery of the possession of the lands, the bill is without equity.—Daniel v. Stewart, 55 Ala. 278; Tyson v. Brown, 64 Ala. 244; Peeples v. Burns, 77 Ala. 290; Smith v. Cockrell, 66 Ala. 47; Arnett v. Bailey, 60 Ala. 435; Lehman v. Shook, 69 Ala. 496; Curry v. Peebles, 83 Ala. 225; Armstrong v. Connor, 86 Ala. 350; Williams v. Lawrence, 123 Ala. 588; Brown v. Hunter, 121 Ala. 210, and cases -cited therein.

¶6The decree of the chancery court will he reversed and a decree will he here rendered dismissing the bill.

¶7Reversed and rendered.

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