Fritcher v. Kelley
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action to set aside conveyance. Judgment for plaintiff. If error has clearly intervened, the general rule is that the judgment must be reversed and a new trial granted. (1 Haynes on New Trial and Appeal, sec. 108; 20 R. C. L. 227.) Declarations of a grantor against the title of his grantee, made after he has parted with title, are not admissible.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action to set aside conveyance. Judgment for plaintiff. If error has clearly intervened, the general rule is that the judgment must be reversed and a new trial granted. (1 Haynes on New Trial and Appeal, sec. 108; 20 R. C. L. 227.) Declarations of a grantor against the title of his grantee, made after he has parted with title, are not admissible. (1 Ency. of Evidence, 526; Bismarck etc. Mining Co. v. North Sunbeam G. M. Co., 14 Ida. 516, 95 Pac. 14, 162 Pac. 998; Joslyn v. Daly,…
1Opinion of the CourtMccarthy, J.
This is an action by respondent, as administrator of the estate of John Allen, deceased, to set aside a deed of 80 acres of agricultural land executed and delivered by said deceased to appellants on July 18, 1915. The complaint alleges that deceased was at the time of said conveyance incapable of comprehending and understanding and in fact did not comprehend or understand its *475character, nature or effect, and that he was wholly incapacitated from attending to business matters. This is an allegation that deceased did not have mental capacity to execute the conveyance. The complaint also alleges:
2Cases cited11 opinions
- In Re the Estate of NelsonCalifornia Supreme Court · 1901
- Kelly v. PerraultIdaho Supreme Court · 1897
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
- Neil v. HydeIdaho Supreme Court · 1919
- Josslyn v. DalyIdaho Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gardner v. HobbsIdaho Supreme Court · 1949
- McNabb v. BrewsterIdaho Supreme Court · 1954
- Hill v. PorterIdaho Supreme Court · 1924
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Estate of BrownIdaho Supreme Court · 1932
15 more not listed; retrieve them via the Exa API.