Adams v. Wagoner
Nevada Supreme Court
Appeal from Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. Suit by May A. Adams and others against Ella E. Wagoner and others. From a judgment for plaintiffs, and from an order denying a motion for new trial, defendants appeal. In an attempt to defeat a deed with parol evidence, or to establish a trust with parol evidence, the evidence must be clear and attended with no uncertainties, and even then must be received with great caution.
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Appeal from Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. Suit by May A. Adams and others against Ella E. Wagoner and others. From a judgment for plaintiffs, and from an order denying a motion for new trial, defendants appeal. In an attempt to defeat a deed with parol evidence, or to establish a trust with parol evidence, the evidence must be clear and attended with no uncertainties, and even then must be received with great caution. Dalton v. Dalton, 14 Nev. 419. , The mental capacity of a person sufficient to execute a deed is the same as that of a person competent to…
1Opinion of the Court
By the Court,
Sanders, J.:
This suit was brought by certain heirs of Annie Hofheins, late of Yerington, Nevada, against other heirs of said Annie Hofheins (all being her children), to cancel a conveyance of lands and personal property alleged to have been obtained from her a few hours before her death by the defendant children, when, from her condition, she was incapacitated of understanding the nature and effect of the transaction, or, in case such should not be found to be the fact, that the grantee in said conveyance, Ella E. Wagoner, be declared to hold all the property described in said…
2Cases cited5 opinions
- Harding v. WheatonSupreme Court of the United States · 1826
- Allore v. JewellSupreme Court of the United States · 1877
- Harding v. WheatonU.S. Circuit Court for the District of Rhode Island · 1821
- Turner v. Utah Title Insurance & Trust Co.Utah Supreme Court · 1894
- Turner v. Wells, Fargo & Co.Utah Supreme Court · 1894