December 9, 2011
- 120 Deeds
- 120I Requisites and Validity
- 120I(E) Validity
- 120k68 Capacity and Assent of Parties in General
- 120k68(3) k. Sickness or Extreme Age.
Defendant wrote a deed to the land in issue without any previous agreement with the owner as to its terms, or the latter’s consent to execute it, went to such owner’s home, and while he was dying, unconscious, and unable to raise his hand, and with his name subscribed to the instrument, raised him from his bed, took his helpless hand, touched it to a pen, and then with such pen made a cross mark, and wrote the words “his mark.” Such owner was wholly unconscious thereafter up to his death. Held, that such instrument was in effect a forgery.
Abee v. Bargas, 65 S.W. 489 (Tex. Civ. App. 1901)
Suggested by Robert Von Dohlen, Law Student; St. Mary’s University School of Law; San Antonio, TX