Marmon v. Marmon
Supreme Court of Iowa
Appeal from Greene Circuit Court. Action in chancery to set aside a deed on the ground that, at the time of its execution, the grantor (ward of plaintiff.) was of unsound mind and incapable of making a contract of the nature of the instrument, and no consideration was paid upon its execution. The cause was tried upon written evidence taken by order of the court, and a decree rendered granting the relief prayed for in the petition. Defendants appeal.
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Appeal from Greene Circuit Court. Action in chancery to set aside a deed on the ground that, at the time of its execution, the grantor (ward of plaintiff.) was of unsound mind and incapable of making a contract of the nature of the instrument, and no consideration was paid upon its execution. The cause was tried upon written evidence taken by order of the court, and a decree rendered granting the relief prayed for in the petition. Defendants appeal. Other facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
1. deed: grantor’sSínteiiect. I. The testimony, in our opinion, does not authorize the conclusion that the ward of plaintiff, at the time of the execution of the deed, was insane. This proposifionj we understand, is admitted by plaintiff’s counsel. The proceedings resulting in the appointment of the guardian, on the ground of his mental unsoundness, were had after the execution of the deed.
But plaintiff insists that at the date of the execution of the deed by plaintiff’s ward, Stephen Marmon, and his wife, his mind is shown to have been weak and the deed was procured from him without…
2Cases cited1 opinion
- Harris v. WamsleySupreme Court of Iowa · 1875