Argo v. Coffin

• Decision Date: 02 November 1892
• Citation: 142 Ill. 368,32 N.E. 679
• Parties: ARGO v. COFFIN et al.
• Court: Illinois Supreme Court

142 Ill. 368

32 N.E. 679

ARGO

v.COFFIN et al.¹

Supreme Court of Illinois.

Nov. 2, 1892.

Appeal from circuit court, Piatt county.

Bill by William Coffin, John Coffin, and Solomon Coffin against Alexander P. Argo to set aside a deed, and for partition. Complainants obtained a decree. Defendant appeals. Reversed.

Lodge & Hicks and S. R. Reed, for appellant.

C. F. Mansfield, for appellees.

BAKER, J.

This is a bill in chancery, filed by appellees, who are a portion of the heirs at law of John Argo, deceased, for the purpose of setting aside a deed made by said John Argo, in 1879, to Alexander P. Argo, the appellant, to a tract of land containing 164 acres, and for the further purpose of partitioning said land among the heirs of said deceased. The grounds upon which the bill proceeds are the alleged mental incapacity of John Argo, in 1879, to execute a deed of conveyance, and the undue influence said to have been exercised by appellant and by his brother, Solomon Argo, in obtaining the execution of the deed in question. At the hearing the circuit court found the allegations of the bill to be true, and that the equities of the case were with the complainantstherein, and rendered a decree in conformity with its prayer.

In the spring of 1879, John Argo was about 87 years old, was in poor health and infirm, and quite childish, and was living on the 164 acres of land in controversy with his wife, who was the stepmother of appellant. He had some years before parceled out all his other lands to his daughters and sons-in-law. His wife had, prior to that time, been sick for several months, and under the constant care of a physician, and the physician had rendered bills for his services and for medicines furnished, amounting to $370, and John Argo was worried for fear the doctor would sue, and get judgment, and sell a part of his farm. He was also indebted to his son Alexander P. Argo, the appellant, in the sum of $1,000, and to his only other son, Solomon Argo, in a like sum of $1,000. He sent for W. B. Bunyard, a justice of the peace, who died pri or to the commencement of this suit, and said Bunyard prepared a deed conveying said 164 acres of land to appellant, and it was executed and acknowledged by John Argo and his wife. The land was worth $35 an acre, or $5,740 in all, and the consideration for which it was deeded, and the consideration mentioned in the deed, was $2,000,-the $1,000 owing to appellant, and the $1,000 due Solomon. The dower right of the wife of John Argo was expressly reserved in the deed. William McKinley was living with John Argo, and farming a part of the land. A few days before the deed was made he heard John Argo say that he was going to make a deed for the land to appellant; and he also testifies that he was called in from the field to witness the deed; that Mr. Bunyard, John Argo, and his wife were there; that the deed was lying on the table; that Mr. Argo requested him to witness it, and spoke in his usual tone of voice. The deed was taken from the house by Bunyard, who then notified appellant and Solomon Argo that he had the deed, that it was to be delivered to appellant only upon his taking it in satisfaction of the indebtedness due him, and upon his assuming the $1,000 due Solomon, and taking up and delivering to him, Bunyard, the note given by the father to Solomon, and upon his entering into a written agreement to let John Argo and his wife have and keep possession of the land, and rent and manage the same for their individual use and support for the lifetime of John Argo, and said wife to have dower in the land if she survived her husband. A written agreement to the above effect was signed by all three of the parties, appellant, John Argo, and Martha Argo, wife of John Argo. The notes of the grantor in the deed made to Solomon Argo were procured by appellant and delivered to Bunyard, and the deed thereupon delivered to appellant, and recorded. The $370 due Dr. Knott was settled by notes signed by John, Martha, Alexander P., and Solomon Argo; and appellant afterwards paid to Solomon the $1,000 that he had assumed. It also appears that John Argo had executed a will, attested by two witnesses, in 1874 or 1875, but that after the making of the deed of 1879 he had burned it.

We have carefully read and examined the entire testimony contained in the record. It is too voluminous to consider in detail. It does not sustain the charge that either appellant or his brother, Solomon, exercised undue influence over their father in order to procure the making of the conveyance. They both testify positively that they did not have any conversation with their father in regard to making a deed, did nothing to induce him so to do, and were not present when it was made. The other testimony in the case is...