Vienhage v. Carter

MAUS, Presiding Judge.

This action was commenced by the guardian of Calley Columbis to set aside a deed executed by her ward. Her petition alleged the deed was executed when the ward was incompetent, as the result of undue influence and was without consideration. The petition was filed on December 10,1979. Trial was inordinately delayed by the hospitalization or illness of the defendant at the time of each trial setting. Ultimately, his deposition was taken by the plaintiff and his testimony presented in that manner. On September 21, 1982, the trial court found the deed invalid for each of the…