Greedy v. McGee
Supreme Court of Iowa
Appeal from Fremont Circuit Court, In 1875 Mis. Mahor sold and conveyed to defendant eighty acres of land. To set aside such conveyance is the relief sought in this action. The ground upon which it is based is that Mrs. Mahor at the time of the conveyance was of unsound mind; that it was greatly to her disadvantage, and was obtained by undue influence.
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Appeal from Fremont Circuit Court, In 1875 Mis. Mahor sold and conveyed to defendant eighty acres of land. To set aside such conveyance is the relief sought in this action. The ground upon which it is based is that Mrs. Mahor at the time of the conveyance was of unsound mind; that it was greatly to her disadvantage, and was obtained by undue influence. The plaintiff is guardian of the person and property of Mrs. Mahor, having been duly appointed such in 1878. The Circuit Court dismissed the petition and the plaintiff appeals.
1Opinion of the CourtServers, J.
— The evidence is voluminous. The abstract and amended • abstract contain near one hundred and fifty pages of evidence, and it is seriously conflicting. We can only state our conclusions, and shall not attempt to support them by a reference to the evidence to any great extent. We do not believe Mrs. Mahor at the time the contract and conveyance was made was of unsound mind. The preponderance of the evidence, however, is that she was at that time of weak intellect and not capable of transacting business of importance, but as to this the evidence is conflicting.
The question for determination,…
2Cases cited3 opinions
- Puttman v. HalteySupreme Court of Iowa · 1868
- Ordway & Husted v. PhelpsSupreme Court of Iowa · 1876
- Harris v. WamsleySupreme Court of Iowa · 1875
3Cited by6 opinions
- Winters v. WintersSupreme Court of Iowa · 1897
- Bossingham v. SyckSupreme Court of Iowa · 1902
- Houston v. GreinerOregon Supreme Court · 1914
- Sutcliffe v. PenceSupreme Court of Iowa · 1912
- McMillan v. B. & M. R. R.Supreme Court of Iowa · 1881
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