Ross v. Lawrence
Supreme Court of Iowa
Appeal from Cherokee District Court. — William Hutchinson, Judge. Suit in equity by the plaintiffs, as the only children of W. P. Lawrence, deceased, to cancel and set aside two deeds made in his lifetime by said Lawrence to his wife, the defendant herein, on the ground that the grantor was mentally incompetent to make the same, and that the deeds were obtained by undue influence. The answer, in effect, denied mental incompetency and the alleged undue influence.
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Appeal from Cherokee District Court. — William Hutchinson, Judge. Suit in equity by the plaintiffs, as the only children of W. P. Lawrence, deceased, to cancel and set aside two deeds made in his lifetime by said Lawrence to his wife, the defendant herein, on the ground that the grantor was mentally incompetent to make the same, and that the deeds were obtained by undue influence. The answer, in effect, denied mental incompetency and the alleged undue influence. There was a trial, resulting in a decree dismissing the petition. The plaintiffs appeal. —
1Opinion of the CourtEvans, J.
ínñuence^n&vu dence' — I. The case as presented in the briefs is purely a fact case. In view of our concurrence with the finding of the trial court, we will not enter into a discussion of the details of the evidence. The deeds in question purported to convey the little home at Cherokee and a quarter section of land in South Dakota. The conflicting evidence was directed wholly to the questions of mental competency and undue influence. Since January 20, 1920, Lawrence had been comparatively helpless physically, and was eared for by his wife, with the aid of a nurse. He was taken to a hospital…
2Cases cited1 opinion
- McGovern v. McGovernSupreme Court of Iowa · 1922
3Cited by2 opinions
- Gigilos v. StavropoulosSupreme Court of Iowa · 1973
- Langley v. LangleySupreme Court of New Hampshire · 1931