Shaughnessy v. Hood
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Lewis County. Hon. Edgar C. Steele, Judge. Action to set aside a deed conveying real estate. Judgment for plaintiff. The facts all tend to show that grantor was in the possession of his faculties and acting as an ordinary rational being. (Delaplain v. Grubb, 44 "W. Ya. 612, 67 Am.
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APPEAL from the District Court of the Second Judicial District for Lewis County. Hon. Edgar C. Steele, Judge. Action to set aside a deed conveying real estate. Judgment for plaintiff. The facts all tend to show that grantor was in the possession of his faculties and acting as an ordinary rational being. (Delaplain v. Grubb, 44 "W. Ya. 612, 67 Am. St. 788, 30 S. E. 201; Kelly v. Perrault, 5 Ida. 221, 48 Pac. 45; Curtis v. Kirkpatrick, 9 Ida. 629, 75 Pac. 760.) Undue influence, to justify the setting aside of a deed, must have been such as to overcome the will of the grantor, and to destroy to…
1Opinion of the CourtSullivan, J.
This action was brought to set aside a deed made by the plaintiff, John Shaughnessy, who is respondent here, to his daughter Marguerite Plood, conveying to her the forty acres of land described in the complaint. The complaint is based on the ground of mental incapacity and undue influence.
The answer put in issue the allegations of the complaint, and as a separate defense averred that defendants, as a consideration for said land, had paid the plaintiff $100 in cash and had boarded him for a period of two and a half years immediately preceding the execution of said deed. The case was tried by…
2Cases cited1 opinion
- Turner v. GumbertIdaho Supreme Court · 1911
3Cited by2 opinions
- In Re the Estate of RandallIdaho Supreme Court · 1942
- Coe v. McGranIdaho Supreme Court · 1913