Fessler v. Fessler

This is a suit to set aside a deed to defendant Anton C. Fessler from his father, Jacob Fessler, who died June 20, 1929, eleven days after its execution. Plaintiffs are the brother and sisters of defendants. Plaintiffs' petition contained three counts. The first count alleged mental incapacity and undue influence; the second count alleged that the deed had never been delivered; and the third count was for partition of the land described in the deed. Defendant Anton C. Fessler's answer denied the mental incapacity and undue influence, alleged a valid delivery and alleged that he was the sole…