Cunningham v. Quinlan

This is a suit to set aside a deed. The defendants elected not to introduce evidence and stood on the motion for dismissal. The district court set aside and canceled the deed and the defendants have appealed.

Mary Cunningham, the grantor, was 75 years of age on March 31, 1958, when she executed the deed in question to her niece, Patricia Ann Cunningham Quinlan. Mary Cunningham was somewhat retarded and had gone to school up to the fifth or sixth grade. The court specifically found at the time of trial that Mary Cunningham was “quite confused and that she apparently has had to be under the care…