The fact that third persons have acquired an interest under the contract of a person non compos mentis, in good faith, for value, and without notice of his infirmity, cannot defeat his right to avoid the contract.49 This rule applies to deeds60 and negotiable instruments 51 as well as to other contracts, and it applies whether the contract be regarded as void or merely voidable. To protect bona fide purchasers in such cases would be to withdraw protection from the insane person.

45 Gibson v. Soper, 6 Gray (Mass.) 283, 66 Am. Dec. 414; Arnold v. Iron Works, 1 Gray (Mass.) 434; Whitcornb v. Hardy, 73 Minn. 285, 76 N. \V. 20. Cf. Beasley v. Beasley, 180 111. 163, 54 N. E. 187. Disaffirmance by action to avoid. Hull v. Louth, 109 Ind. 315, 10 N. E. 270, 58 Am. Rep. 405; Ashmead v. Reynolds, 127 Ind. 441, 26 N. E. 80. Ratification is established by evidence of conduct which can reasonably be accounted for only on the hypothesis that he had chosen to recognize the contract as binding upon him and to re-, tain as his own the property he had acquired under it. Newman v. Taylor (Tex. Civ. App.) 122 S. W. 425. See "Insane Persons," Dec. Dig. (Key-No.) § 79; Cent. Dig. §§ 138, 141.

46 Newman v. Taylor (Tex. Civ. App.) 122 S. W. 425. See "Insane Persons," Dec. Dig. (Key-No.) § 79; Cent. Dig. §§ 138, 141.

47 Gibson v. Soper, 6 Gray (Mass.) 279, 66 Am. Dec. 414. See, also, HOVET v. HOBSON, 53 Me. 453, S9 Am. Dec. 705, Throckmorton, Cas. Contracts, 149. See "Insane Persons," Dec. Dig. (Key-No.) § 79; Cent. Dig. § 138.

48 West v. Seaboard Air Line Ry., 151 N. C. 231, 65 S. E. 979 ccit Clark on Contracts (2d Ed.) 1851. And see cases cited supra, note 36. Contract may be avoided upon return of the consideration notwithstanding the fairness of the other party and his want of notice of the insanity. Nutter v. Des Moines Life Ins. Co. (Iowa) 136 N. W. SOL See "Insane Persons," Dec Dig. (Key-No.) § 73; Cent. Dig. § 125.