McEleney v. Donovan
Supreme Court of Minnesota
Action in the district court for Waseca county to set aside a certain deed from Michael McGonagle, deceased, to defendant Elizabeth Donovan and for an accounting of rents and profits.
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Action in the district court for Waseca county to set aside a certain deed from Michael McGonagle, deceased, to defendant Elizabeth Donovan and for an accounting of rents and profits. The complaint alleged that the execution of the conveyance was procured solely by the exercise of undue influence practised upon the grantor by defendants ; that at the time of the execution the grantor was not mentally competent to understand the effect or nature of his act; and that it was not his voluntary act and he was not a free agent. The answer admitted the execution of the deed, but denied the foregoing…
1Opinion of the CourtHolt, J.
Action to set aside a conveyance on the ground that it was obtained by undue influence, and that the grantor was mentally incompetent at the time of its execution. Both issues were submitted to a jury, and answered in defendants’ favor. The appeal is from an order denying plaintiffs a new trial.
The plaintiffs are three daughters of Michael McGonagle, the grantor in the deed sought to be annulled. The defendant Elizabeth Donovan is his youngest daughter, and the grantee in the deed. *296The other defendant is her husband. The grantor died December 26, 1910, at the age of eighty-five years, leaving…
2Cases cited13 opinions
- Fischer v. SperlSupreme Court of Minnesota · 1905
- In re the Probate of the Will of PinneySupreme Court of Minnesota · 1880
- Pickett v. PickettSupreme Court of Minnesota · 1880
- Ashton v. ThompsonSupreme Court of Minnesota · 1884
- Howard v. FarrSupreme Court of Minnesota · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lestico v. KuehnerSupreme Court of Minnesota · 1938
- Topinka v. Minnesota Mutual Life InsuranceSupreme Court of Minnesota · 1933
- Piepho v. M. Sigbert-Awes Co.Supreme Court of Minnesota · 1922
- Lawrence Zirinsky v. James L. Sheehan, John D. Sheehan and Brooklyn Center Industrial Park, Inc.Court of Appeals for the Eighth Circuit · 1969
- Berg v. BergSupreme Court of Minnesota · 1937
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