Hagen v. Hagen
Supreme Court of Minnesota
Action in the district court for Waseca county to set aside a deed from Knute O. Hagen, father of plaintiffs, to Ephraim Hagen. The case was tried before Childress, J., who made findings and dismissed the action. From an order denying their motion for amended findings and conclusions of law or for a new trial, plaintiffs appealed.
1Opinion of the CourtHolt, J.
Action to set aside a purported deed on the grounds that the grantor was mentally incompetent to execute the same; that it was procured by fraud and undue influence; that it was never delivered; and that it was testamentary in character. Plaintiffs appeal from the order denying their motion for amended findings and a new trial.
The findings upon the issues of mental competency and undue influence are acquiesced in, but the validity of the deed is attacked on the ground that it is testamentary in character, rendered so by the express provision contained therein, and therefore its delivery can…
2Cases cited30 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Shackeltow v. SebreeIllinois Supreme Court · 1877
- Wilson v. CarricoIndiana Supreme Court · 1895
- Innes v. PotterSupreme Court of Minnesota · 1915
- Durand v. HigginsSupreme Court of Kansas · 1903
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3Cited by2 opinions
- Nelson v. Illinois Farmers Insurance Co.Court of Appeals of Minnesota · 1997
- Weston v. WestonSupreme Court of Minnesota · 1925