The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1889-01-17

time in question, in the condltio
named lie could enact his own la,
over that property as binding upo
the concurrenccs OF courts, as thong
it were an express statute under til
broad sal of the State. So I'M
portant is the citizens rights owe
his property, as set forth in our Con
stltut,on, and bill of rights alon
with his right 10 life and to liberty
| If upon the other hand he wa
II n comtis x:eat;s, lunatic, on
bereft of mind and d.scre: ion. thel
no matter with what forma!ity th
act was done, how much the appear
ance of legality is given to it. it j
nothing, it is void, incapable of bein;
the cause of loss to the lunatlc o
basis of gain TO another.
Nor does it make any differenc,
whether the person dealing with th'
lunatic, or third persons WHO hav'
become interested in .hc transaction
had any knowledge of his condition
or not. If lie was a lunatic hi
act was a nuilIty; no moreeffectivt
to pass title to these funds in banl
than if his name had been forged to
the certificate.
| am aware of seeming conaic.
in the authorities upon this proposl
ton, but am persuaded that upon a
careful examination the conflict will
be found more apparent than real
There arc cases for instance, IN
which tie lunatic's estate has been
charged up with benefits he has re
ceived when his contract is avoided.
upon the plea of lunacy and is a
shield of defence to the lunatic, not a
weapon of defence TO injure another,
so that when his contract Is avoided
what he has beneGciently received
under proper circumstances, his
estate is made liable. This result
however, flows not from the contract,
but from equitable consideration
upon tho contract.
am aware also, that some older
authorities have held that q man
should not be permitted TO stullify
himself by alleging his own insanity.
But that Was as a time when in
sanity was treated more like a
crime than misfortune. The
lunatic was confined III a dark cell en-
cased in a straight jacket. And
the later authorities have denounced
this rule. Such rule is moro like the
g,bbering ofimbeeility itself. than q
sound, just and enlightened legal
principle.
1t would certainly be strange
Inconsistency in The law, to hold
a man wholly excused for the
gravest deed, for homicide, for ia-
stance-because of his insanity
and to hold him 10 his civil con-
tracts.
To say that one without mind
can he the author of that
which requires consent and op-
Grafton of the mind 10 give it ex-
istence is absurd.
II may he hard matter and
work a hardship, as the rule stat
ed. A third person may purchases a
note or oiher instrument made
by a lunatic in perfect good faith
without knowing or the means OF
his condition. and he
|oses his.pnrchase. This.is doubt.
ess a hardship upon him.
The sane may be SAID however
)f the man that purchases
orged instrument or stolen
lorse fer that matter.
1t is OF this class Of cases that
me Of the Two innocent parties
must suffer loss. 1t is necessary
! rule should be established.
The condition of The lunatic is
! depIorable one.
We all know that such misfor-
unes fall frequently upon men
# large estates.
That persons laboring under
nch disabilities frequently de-
;ght in engaging in supposed
arge transactions. 1t may be
heir particular bent and deln-
ion. Ii signing man might in
uce such one 10 sign away his
state that should be effective
n the hands of third parties that
'ould be an end to the protection
f such unfortunate beings.
So l am salts fed the rule is as
aicd.
If therefore. Jesse Spencer al q
Ie lime OF this alleged assign
lent was insane. non combis
zen his aci passed no title TO the
md in controversy.
Ii still remains with the Peo-
les Bank where i. was deposit
!. and of whoever Jesse Spcncer's
1ecutor has The right 10 receive
The Peoples Bank under such
roumsiances having received
othins for the $1,000, and the 9
70 certificates Issued by it. TO
o,,o i,,uo &, r.ifr;,f IN roooror Il