Gardner v. Lightfoot
Supreme Court of Iowa
Appeal from Jasper District Court. The petition states that the plaintiff is tbe widow of Henry Gardner, who died in July, 1883, and who at that time was the owner of certain real estate described in the petition; that the plaintiff is sixty-seven years old, and her husband, when he died, was seventy-two years of age; that, for seven months preceding his death, Henry Gardner had been confined to his bed, and greatly prostrated; that the defendant is thirty-one years old, and…
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Appeal from Jasper District Court. The petition states that the plaintiff is tbe widow of Henry Gardner, who died in July, 1883, and who at that time was the owner of certain real estate described in the petition; that the plaintiff is sixty-seven years old, and her husband, when he died, was seventy-two years of age; that, for seven months preceding his death, Henry Gardner had been confined to his bed, and greatly prostrated; that the defendant is thirty-one years old, and had been brought up in the family of the Gardners, was regarded as one of the family, and dependent on them for his…
1Opinion of the CourtSeevers, J.
1. Contract: undue influence: relations of trust: setting aside. I. We have read the evidence with great care, and fail to find any which tends to show that the defendant obtained the. conveyance, by undue influence, or that he made any fraudulent representations whatever, and thereby obtained such conveyance. The evidence fails to show that the defendant even asked foi; such conveyance, or that it was made in consequence of any representations made by him. On the contrary, the evidence shows that the plaintiff and her husband executed it on their own motion; and, if the fact is otherwise,…
2Cases cited2 opinions
- Johnson v. JohnsonSupreme Court of Iowa · 1879
- Same v. SameSupreme Court of Iowa · 1870
3Cited by14 opinions
- McGee v. AllisonSupreme Court of Iowa · 1895
- Piedmont Land Improvement Co. v. Piedmont Foundry & Machine Co.Supreme Court of Alabama · 1892
- Maxwell v. McCallSupreme Court of Iowa · 1910
- Bonniwell v. MadisonSupreme Court of Iowa · 1898
- Galt v. ProvanSupreme Court of Iowa · 1906
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