Legal Opinion

Oakey v. Ritchie

Supreme Court of Iowa

Decided June 11, 1886PublishedCited by 4 opinions

Appeal from, Adams District Court. On the seventeenth day of July, 1882, A. B. Fisher, plaintiff’s intestate, executed two deeds, by which he conveyed to defendant a farm consisting of forty five acres. He subsequently instituted this suit in equity for the cancellation of said deeds, on the alleged grounds that they were executed without consideration, and that they were obtained by fraud and undue influence.

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Appeal from, Adams District Court. On the seventeenth day of July, 1882, A. B. Fisher, plaintiff’s intestate, executed two deeds, by which he conveyed to defendant a farm consisting of forty five acres. He subsequently instituted this suit in equity for the cancellation of said deeds, on the alleged grounds that they were executed without consideration, and that they were obtained by fraud and undue influence. During the pendency of the action Fisher died, and his administrator was substituted as plaintiff. The district court entered judgment for plaintiff, granting the relief demanded, from…

1Opinion of the CourtReed, J.

The questions involved in the case are chiefly of fact, and there is great conflict in the evidence offered by the parties in support of their respective theories. It is claimed by plaintiff that Fisher was of weak mind, and that for some time before the execution of the conveyances in question he had been greatly harassed and troubled by a number of petty lawsuits in which he was involved; and that during *70these troubles defendant, although not a lawyer, was his principal adviser; and that he had acquired great influence over him. On the day before that on which the conveyances were executed,…

2Cases cited2 opinions

  1. Harding v. WheatonSupreme Court of the United States · 1826
  2. Whelan v. WhelanNew York Supreme Court · 1824

3Cited by4 opinions

  1. Bennett v. BennettNebraska Supreme Court · 1902
  2. United States v. SchafferCourt of Appeals for the Second Circuit · 2017
  3. Hale v. KobbertSupreme Court of Iowa · 1899
  4. Ritchey v. FisherSupreme Court of Iowa · 1892

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