Coile v. Gamble

Hunstein, Justice.

Ella Gamble brought an equitable action after the death of her brother, Benjamin Elder, who died in November 1994, to cancel and set aside an April 1991 deed in which Elder conveyed 202 acres to his friends James and Bonnie Coile in exchange for unspecified personal services the Coiles had agreed to provide him. A jury found that the deed should be set aside on the grounds of great disparity of consideration joined with great disparity of mental ability among the parties; undue influence; and mistake of fact by Elder mixed with fraud by the Coiles. The trial court entered…