Mosebach v. Jenness

This appeal is from a decree dismissing a bill to set aside two deeds whereby the title to the complainant’s 347-acre farm was conveyed to him and to one of the defendants, Mrs. Jenness, as joint tenants. The theory of the bill was that Mrs. Jenness and her husband had exercised undue influence or duress upon the grantor or, in the alternative, that they stood in a confidential relation to the grantor and that the transaction was unfair and unreasonable. There seems to be no dispute as to the applicable legal principles. The tests of undue influence are clearly stated in Tracey v. Tracey, 160…