Muir v. Miller
Supreme Court of Iowa
Appeal from Van Burén Circuit Court. AotioN at law to recover for money and securities wrongfully obtained by defendant from plaintiff’s intestate during bis life-time, through persuasion and undue influence, and by taking advantage of his incapacity. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
I. Plaintiff alleges in his petition that he is the administrator of Samuel J. Miller, deceased, and states his cause of action against defendant in the following language: “ That at the time hereinafter seated, and for a long time prior thereto, said intestate was euieebhd in body and mind, and entirely incapacitated to transact any business of importance, especially that of deeding or giving away Ills property; that on or about the 10th day of October, 138-1, the said defendant, taking advantage of the incapacity of said intestate, and by persuasion and undue influence, wrongfully obtained…
2Cases cited2 opinions
- Webber v. SullivanSupreme Court of Iowa · 1882
- Bates v. BatesSupreme Court of Iowa · 1869
3Cited by23 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Ross v. RossSupreme Court of Iowa · 1908
- In Re Estate of JohnsonSupreme Court of Iowa · 1936
- In re the Estate of GoldthorpSupreme Court of Iowa · 1895
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