Mary S. Van Deusen, Respondent v. Sylvester Sweet, Appellant

Summary

The Court affirmed the judgment of the General Term, holding that a deed executed by a grantor who was non compos mentis is absolutely void and that the plaintiff may defeat the defendant's claim under such a deed by proving the grantor's incapacity, without needing to bring a separate equity action. The Court also held that evidence of the grantor's lunacy, including a writ de lunático inquirendo, was admissible, and that the plaintiff was not estopped by her prior receipt of a mortgage assignment and note.