Armstrong v. Logan

• Decision Date: 02 May 1893
• Citation: 22 S.W. 384,115 Mo. 465
• Parties: ARMSTRONG v. LOGAN.
• Court: Missouri Supreme Court

22 S.W. 384

115 Mo. 465

ARMSTRONG v. LOGAN.

Supreme Court of Missouri, Division No. 2.

May 2, 1893.

SETTING ASIDE CONVEYANCE — UNDUE INFLUENCE.

Plaintiff, a woman 57 years old, and of limited information and intelligence, conveyed in fee, for an inadequate consideration, her property to defendant, reserving to herself only a life estate, believing that the deed she executed was a will. Defendant's father and mother were confidential friends of plaintiff, and defendant's father had, as attorney, transacted business for her. Held a sufficient showing of the existence of confidential relation, and undue influence arising therefrom, to warrant a setting aside of the conveyance.

Appeal from circuit court, Johnson county; Charles W. Sloan, Judge.

Action by Jemima Armstrong against Glen H. Logan to set aside a deed of land to defendant by plaintiff, on the ground of alleged undue influence. There was judgment for plaintiff, and defendant appeals. Reversed.

J. W. Suddath, for appellant. O. L. Houts, for respondent.

SHERWOOD, J.

Since this cause came to this court, and before its submission, the plaintiff has died, and by consent the cause has been revived in the name of B. F. McCluney, administrator, and Fanny Morris, devisee, of the former plaintiff. By this proceeding in equity it is sought to set aside a deed made by Jemima Armstrong to the defendant, whereby, after reserving to herself a life estate therein, the grantor conveyed to defendant by general warranty lot No. 2 in Solomon's South addition to the town of Warrensburg. This conveyance was made upon the expressed consideration of one dollar, never paid, and the deed further says: "This deed is made, executed, acknowledged, and delivered by the party named as grantor herein, and accepted by the grantee, upon the express condition and agreement that the said grantor, Jemima Armstrong, is to have the full, free, and absolute possession and control of all the above-named premises for and during her natural life, with the right and privilege to lease, sublease, or let such premises in such manner as she may choose, and in all respects to do and exercise all such control and management of the same as fully as though this deed had not been made, saving and excepting that she shall have no right to sell, alien, or incumber, or bind the same for any lease for longer than her natural life. As part consideration for the execution and delivery of this deed, the said Glen H. Logan covenants and agrees to pay Jemima Armstrong the sum of $4.00 per...