Chugg Ex Rel. Chugg v. Chugg

KELLER, District Judge.

This appeal challenges a determination by the trial court that Nathan G. Chugg was competent, and that he voluntarily executed certain documents conveying his home and farm to his cousin, Dale Chugg. The deed and bill of sale conveying the property to Dale are in proper form and duly executed, and the deed is acknowledged and recorded. This establishes prima facie the genuineness of the transaction and casts upon the party attacking it the burden of showing invalidity of the documents by clear and convincing evidence. 1

This case being in equity, we review the evidence,…