Lewith v. Rehmke

Plaintiff instituted this action to cancel a deed which he had executed whereby he conveyed certain real property to the defendant and also to quiet his title to said property. The complaint alleged that the defendant procured the deed from plaintiff at a time when she was acting as a fiduciary agent of plaintiff through the instrumentality of certain threats which she made to plaintiff who was then in a weakened mental condition and that no consideration was given by defendant for the deed. Trial of the action resulted in a judgment in defendant’s favor and in the denial of a motion for a…