Merchants Trust & Savings Bank v. Schudel
Supreme Court of Minnesota
Action by the guardian of the estate of Peter Schletti, incompetent, in the district court for Ramsey county for cancelation of a certain deed and for an accounting of the rents and profits of the real estate. The answer alleged that Peter Schletti possessed a sound mind and was competent at the time he conveyed the real estate; that he realized the nature of the transaction and that he persuaded defendant to purchase the real estate in question.
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Action by the guardian of the estate of Peter Schletti, incompetent, in the district court for Ramsey county for cancelation of a certain deed and for an accounting of the rents and profits of the real estate. The answer alleged that Peter Schletti possessed a sound mind and was competent at the time he conveyed the real estate; that he realized the nature of the transaction and that he persuaded defendant to purchase the real estate in question. The case was tried before Michael, J., who made findings and as conclusions of law set aside tlie deed, the note and mortgage described in the…
1Opinion of the Court
Lees, C.
This action was brought by the plaintiff bank as guardian of the estate of Peter Schletti, an incompetent, to cancel a deed executed by plaintiff’s ward to the defendant John Schudel on January 9, 1917, conveying two lots in the city of St. Paul for a consideration of $3,000 and to require Schudel to account to plaintiff for the rents of the property from the date of the deed to the date of the trial of the action. The deed was attacked on the ground that when it was executed Schletti was advanced in years, weak of mind, infirm of body, and incapable of attending to the transaction of…
2Cases cited4 opinions
- Thill v. FreiermuthSupreme Court of Minnesota · 1916
- Naeseth v. HommedalSupreme Court of Minnesota · 1909
- Butler v. BadgerSupreme Court of Minnesota · 1914
- Thill v. FreiermuthSupreme Court of Minnesota · 1917
3Cited by3 opinions
- Agner v. BournSupreme Court of Minnesota · 1968
- Claggett v. ClaggettSupreme Court of Minnesota · 1939
- Clark v. QuadeSupreme Court of Minnesota · 1928