Turner v. Gumbert
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action to set aside a deed on the ground of undue influence. Judgment for defendant. If there is reason to believe that influence has been acquired over a person of weak mind, the transaction will be carefully scrutinized in equity.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action to set aside a deed on the ground of undue influence. Judgment for defendant. If there is reason to believe that influence has been acquired over a person of weak mind, the transaction will be carefully scrutinized in equity. (13 Cyc. 586; Bennett v. Bennett, 65 Neb. 432, 91 N. W. 409, 96 N. W. 994.) A strong presumption of undue influence may arise from the circumstances of a particular transfer which will require close scrutiny of the transaction and cast the burden of proving its…
1Opinion of the Court
BUDGE, District Judge.
This ease is here on appeal from a judgment and order of the district court of the third judicial district in and for the county of Ada, overruling a motion for a new trial, and from the judgment.
The action is brought for the purpose of canceling and setting aside a deed made by Lucinda Turner, delivered to the respondent on the 17th day of September, 1907. The said deed is sought to be set aside and declared void for the reason that the same was obtained by the respondent by undue influence.
It is admitted in the pleadings that the appellant and respondent are brother…
2Cases cited10 opinions
- MacKall v. MacKallSupreme Court of the United States · 1890
- Conley v. NailorSupreme Court of the United States · 1886
- Towson v. MooreSupreme Court of the United States · 1899
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Delaplain v. GrubbWest Virginia Supreme Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re the Estate of RandallIdaho Supreme Court · 1942
- McNabb v. BrewsterIdaho Supreme Court · 1954
- Mollendorf v. DerryIdaho Supreme Court · 1972
- Fritcher v. KelleyIdaho Supreme Court · 1921
- In Re the Estate of RandallIdaho Supreme Court · 1939
7 more not listed; retrieve them via the Exa API.