EYRE V. POTTER, 56 U. S. 42 (1853)

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U.S. Supreme Court

Eyre v. Potter, 56 U.S. 15 How. 42 42 (1853)

Eyre v. Potter

56 U.S. (15 How.) 42


Where a widow filed a bill in chancery complaining that immediately upon the death of her husband, the son of that husband, together with another person, had imposed upon her by false representations, and induced her to part with all her right in her husband's estate for an inadequate price, the evidence in the case did not sustain the allegation.

It is not alleged to be a case of constructive fraud arising out of the relative position of the parties towards each other, but of actual fraud.

The answers deny the fraud and are made more emphatic by the complainants having put interrogatories to be answered by the defendants, and the evidence sustains the answers.

It will not do to set up mere inadequacy of price as a cause for annulling a contract made by persons competent and willing to contract, and besides there were other considerations acting upon the widow to induce her to make the contract.

The testimony offered to prove the mental imbecility of the widow should be received with great caution, and is not sufficient.

The bill was filed by Elizabeth E. Potter, during her lifetime, to which her executors afterwards became parties.

The opinion of the court contains an explanation of the case as it is set forth in the bill, and it is not necessary to repeat it. chanrobles.com-red

Page 56 U. S. 54


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