Chadd v. Moser
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — ■ Hon. W. 0. Hall, Judge. Action to cancel and set aside a deed. Erom a judgment in favor of the plaintiff, the defendants appealed. Slight evidence of undue influence is insufficient to establish it. The influence must amount to force and coercion, destroying free agency as to the very act and the exertion of undue influence upon the very act must me proved.
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Appeal from the Third District Court, Salt Lake County. — ■ Hon. W. 0. Hall, Judge. Action to cancel and set aside a deed. Erom a judgment in favor of the plaintiff, the defendants appealed. Slight evidence of undue influence is insufficient to establish it. The influence must amount to force and coercion, destroying free agency as to the very act and the exertion of undue influence upon the very act must me proved. Estate of Carpenter, 94 Cal. 406. See also the following cases bearing on undue influence and incapacity: Ealston v. Turpin, 129 U. S'. 663; Baldwin v. Dunton, 40 Ill. 188; Beith'…
1Opinion of the CourtMcCARTY, J.
We have made a thorough and critical examination of the record in this case, and fail to- find any evidence that even tends to support the findings that plaintiff was induced to 1 make the deed because of some delusion she was laboring under respecting her duty to her little three-year-old grandchild. In fact, the record affirmatively shows the contrary to be the case-. Plaintiff testified on this point as follows: “I did .hot -think about conveying my land, or any part of *375it, to the child. The thought never came to my mind after this occurence I have mentioned, and before this day that 1…
2Cases cited6 opinions
- Delaplain v. GrubbWest Virginia Supreme Court · 1898
- Orr v. PenningtonSupreme Court of Virginia · 1896
- Crowe v. PetersSupreme Court of Missouri · 1876
- Shea v. MurphyIllinois Supreme Court · 1897
- Dickerson v. EvansIllinois Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hatch v. HatchUtah Supreme Court · 1914
- GIBBONS v. BRIMM Et Ux.Utah Supreme Court · 1951
- Corporation of Members of Church of Jesus Christ of Latter-Day Saints v. WatsonUtah Supreme Court · 1906
- Stringfellow v. HansonUtah Supreme Court · 1903