Furlong v. Tilley
Utah Supreme Court
Appeal from District Court of Utah County, Fourth District; Hon. A. B. Morgan, Judge. Action by Alice Furlong and others against Alma C. Tilley and others. Judgment for defendants. Plaintiffs appeal. APPELLANTS’ POINTS. “In order to show a conveyance invalid on the ground of mental incapacity it is not necessary to show insanity or idiocy, but a mental deficiency justifying a conclusion that the grantor did not exercise deliberate judgment is sufficient.”
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Appeal from District Court of Utah County, Fourth District; Hon. A. B. Morgan, Judge. Action by Alice Furlong and others against Alma C. Tilley and others. Judgment for defendants. Plaintiffs appeal. APPELLANTS’ POINTS. “In order to show a conveyance invalid on the ground of mental incapacity it is not necessary to show insanity or idiocy, but a mental deficiency justifying a conclusion that the grantor did not exercise deliberate judgment is sufficient.” “ It is not necessary in order to prove undue influence, that the mind shall be shown to be so weak as to render the person upon whom the…
1Opinion of the CourtThurman, J.
This is an action to set aside and cancel a deed for land situated in, Spanish Fork, Utah County, executed by one Henry Tilley, hereinafter for convenience called the grantor. The deed was made to defendant Alma C. Tilley.
The complaint, in substance, alleges that the grantor died in November, 1915, but that on December 8, 1911, he is purported to have made the deed in question; that at that time he was mentally incompetent and unable to transact ordinary business; that the defendants, taking advantage of his weakness of mind, by fraud and undue influence, wrongfully procured the deed to be…
2Cases cited1 opinion
- Hatch v. HatchUtah Supreme Court · 1914
3Cited by2 opinions
- Froyd v. BarnhurstUtah Supreme Court · 1934
- Watson v. JacksonCourt of Appeals of Texas · 1927