Legal Opinion

Naeseth v. Hommedal

Supreme Court of Minnesota

Decided November 26, 1909No. Nos. 16,289—(84)PublishedCited by 14 opinions

Action in the district court for Goodhue county by the guardian of Ingeborg Hommedal, an incompetent person, to cancel a deed, alleged to'havb been obtained through undue influence. After the death of the incompetent, her administrator was substituted in place of the guardian. The case was tried before Williston, J., who found in favor of plaintiff. Defendant’s motion to amend the findings was denied. ' From an order denying defendant’s motion for a new trial, he appealed.

1Opinion of the CourtStart, C. J.

On November 22, 1904, Ingeborg Hommedal was the owner of a farm containing one hundred acres, which was of the value of $6,500, and on that day she made a deed thereof to her son, the defendant herein. This action was brought by the guardian of her person and estate in the district court of the county of Goodhue to set aside the deed, upon the grounds that she was mentally incompetent to make the deed and that its execution was obtained by the fraud and undue influence of* the defendant. She died intestate pending the. action, and the administrator of her estate was substituted as plaintiff…

2Cases cited5 opinions

  1. Fischer v. SperlSupreme Court of Minnesota · 1905
  2. Ashton v. ThompsonSupreme Court of Minnesota · 1884
  3. Peterson v. City of Red WingSupreme Court of Minnesota · 1907
  4. Prescott v. JohnsonSupreme Court of Minnesota · 1904
  5. Shevlin v. ShevlinSupreme Court of Minnesota · 1905

3Cited by14 opinions

  1. Lindquist v. GibbsSupreme Court of Minnesota · 1913
  2. Thill v. FreiermuthSupreme Court of Minnesota · 1916
  3. McEleney v. DonovanSupreme Court of Minnesota · 1912
  4. Sorlie v. ThomasSupreme Court of Minnesota · 1952
  5. Shaughnessy v. ShaughnessySupreme Court of Minnesota · 1916

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API