Philbrook v. Howard

This is a suit for rescission of a conveyance of real property brought in plaintiff’s behalf by his legally appointed guardian. The complaint alleges three causes of action as grounds for rescission: (1) that when plaintiff executed the conveyance he was of unsound mind to such an extent as to be incapable of transacting business; (2) that the consideration for the conveyance was grossly inadequate; and (3) that the conveyance was the result of defendant’s exercise of undue influence over plaintiff. De fendant’s answer consisted of a general denial and the affirmative defenses of laches and…