La Barge v. La Barge

Appeal from a judgment of the Supreme Court, Clinton County, dismissing the complaint at the close of plaintiff’s case. The action was one to set aside a deed and bill of sale executed by the plaintiff’s father Adolphus La Barge, shortly before his death, conveying all of his property, both real and personal, to his son Herman La Barge and the latter’s wife Flossie. It was alleged that the conveyance had been induced by fraud and undue influence and that the grantor was lacking in mental competence. There was evidence to the effect that, at the time the deed and bill of sale were prepared and…