Fitzgerald v. Tvedt

This is an’ action to set aside and cancel a deed signed and properly acknowledged by the grantor therein, Ole Axness, on the 6 th day of December, 1905. The plaintiff alléged that it was procured by undue influence, that it was without consideration, and that at the time it was executed the grantor was without mental capacity to make a valid deed. The trial court found for the plaintiff without indicating. upon which ground of the petition the judgment was based, and the appellees’ case is presented to us with apparent reliance upon the three propositions.

Ole Axness was born in Norway, and…