McCutcheon v. Bichon’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As to the charge of mental incapacity, we recognize the rule that the evidence of laymen' on this question is to be limited to acts and circumstances, which may or may not show a lack of mind sufficient to enable one to contract. The question of the quality of mind is one peculiarly directed to the medical profession. As to the effect of the lay proof, we do not find anything in any of it which would tend to convince us that Mr. McCutcheon at the time of conveying the property did not have mind enough to know the effect of his act. True he was shown to be old and infirm; to some extent forgetful, living somewhat in the past as do most old persons. Some of the physicians say that he did not have mind enough to contract. This testimony is not convincing. As a basis for their conclusion, they do not detail such conditions or circumstances as would be other, than persuasive.””

   1 later decision quote this exact passage
   e.g. Murphy v. Lester

2. ““In cases where it is sought ‘to set aside a deed on the ground of mental incapacity, it is not sufficient to show that the grantor’s powers of mind and body were impaired by age, but there must be evidence from which it is made to appear that his infirmity of mind was. so great as to render him incapable of knowing or understanding the nature, meaning, and consequence of the transaction.’ ” Cases cited.”

   1 later decision quote this exact passage
   e.g. Murphy v. Lester