Legal Opinion

Sutherland State Bank v. Furgason

Supreme Court of Iowa

Decided January 20, 1922PublishedCited by 29 opinions

Appeal from Cherokee District Court. — C. C. Bradley, Judge. Suit in equity, for cancellation of a deed made by Jane A. Bailey to Jennie E. McCulla and Maude C. Furgason, appellants, of a quarter section of land, on the grounds that the grantor was mentally incompetent to execute the deed; that the deed was secured by undue influence; and that the deed was never delivered. The facts appear in the opinion. Decree was entered, canceling the deed.

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Appeal from Cherokee District Court. — C. C. Bradley, Judge. Suit in equity, for cancellation of a deed made by Jane A. Bailey to Jennie E. McCulla and Maude C. Furgason, appellants, of a quarter section of land, on the grounds that the grantor was mentally incompetent to execute the deed; that the deed was secured by undue influence; and that the deed was never delivered. The facts appear in the opinion. Decree was entered, canceling the deed. The grantees in the deed appeal.

1Opinion of the CourtFaville, J.

i deeds- undue prataiuty and" persuasion. I. The questions presented for our determination are largely questions of fact. The law in eases of this character is well established. We are confronted with the not unusual situation where an attempt is made to set así^e a deed executed by an elderly person, on ^ familiar twofold ground of an alleged want of mental capacity to execute the deed and. a claim of undue influence. The action is brought by a guardian. The record discloses that Cyrenus Bailey and his wife, Jane A.' Bailey, lived on a farm in Cherokee County, Iowa, and were the parents of…

2Cases cited27 opinions

  1. Perkins v. PerkinsSupreme Court of Iowa · 1902
  2. Mallow v. WalkerSupreme Court of Iowa · 1901
  3. Gates v. ColeSupreme Court of Iowa · 1908
  4. Zinkula v. ZinkulaSupreme Court of Iowa · 1915
  5. Estate of Townsend v. TownsendSupreme Court of Iowa · 1905

22 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Merritt v. EasterlySupreme Court of Iowa · 1939
  2. In Re Estate of MottSupreme Court of Iowa · 1925
  3. In Re Will of RichardsonSupreme Court of Iowa · 1925
  4. Arndt v. LapelSupreme Court of Iowa · 1932
  5. In Re Estate of BrooksSupreme Court of Iowa · 1940

24 more not listed; retrieve them via the Exa API.

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