Bilskie v. Bilskie, No. 9707.
| Docket Nº | No. 9707. |
| Citation | 69 Ind.App. 595, 122 N.E. 436 |
| Case Date | March 14, 1919 |
| Court | Court of Appeals of Indiana |
69 Ind.App. 595
122 N.E. 436
BILSKIE
v.
BILSKIE et al.
No. 9707.
Appellate Court of Indiana, Division No. 1.
March 14, 1919.
Appeal from Circuit Court, Gibson County; Simon L. Vandeveer, Judge.
Action by Eva J. Bilskie against Leo Bilskie and another to set aside a deed, in which certain heirs and transferees were substituted as plaintiffs after the death of Eva J. Bilskie. From the judgment rendered the named defendant appeals. Affirmed.
Harvey Harmon, of Princeton, and Harry R. Lewis, of Vincennes, for appellant.
L. A. Meyer and L. M. Wade, both of Vincennes, and A. J. Padgett, of Washington, Ind., for appellees.
BATMAN, P. J.
Eva J. Bilskie brought this action against Leo Bilskie and John Bilskie to set aside a deed to 40 acres of land, executed by herself and the said John Bilskie to said Leo Bilskie. The original complaint consists of two paragraphs. The first alleges that the said Eva J. Bilskie was the owner of a certain 40-acre tract of land in Knox county, Ind.; that on April 3, 1911, she signed a paper purporting to be a deed from John Bilskie to Leo Bilskie for said land, and other land of the said John Bilskie; that at the time of said conveyance she was the wife of said John Bilskie and under the age of 21 years; that she received no consideration whatever for her said land, but did receive the sum of $80, which she believed was paid to her for the conveyance of her inchoate interest in the lands of her said husband; that she has since arrived at the full age of 21 years, and that after arriving at such age, and before the bringing of this action, she disaffirmed said deed by a written notice to said Leo Bilskie, demanded that he reconvey said land to her, tendered him a deed for such purpose, and offered to return to him the said sum of $80 upon the execution thereof; that said Leo Bilskie refused to reconvey said land to her; that she is ready to pay said sum, and now offers to pay the same, upon a judgment being rendered
[122 N.E. 437]
setting aside said deed, and restoring the title of said land to her.
The second paragraph of the complaint alleges that said Eva J. Bilskie was the owner of a certain 40 acres of land in Knox county, Ind., that on April 3, 1911, she was a person of weak mind, could not read or write, and had no knowledge of business; that by reason of such fact she was easily influenced by others, and when under the influence of intoxicating liquors was wholly irrational and of unsound mind; that on said date the said Leo Bilskie procured her intoxication to such an extent that she was wholly incapacitated from understanding what she was doing, and by reason thereof was of unsound mind; that while she was in said condition the said Leo Bilskie took advantage of her unsound mental state, and, with intent to cheat and defraud her out of her land, induced her to sign a deed of conveyance to him therefor, together with certain land of her husband, John Bilskie; that she did not know or understand that she was conveying her said land to the said Leo Bilskie, or any other person, but believed she was only joining with her husband in conveying his own real estate; that she received no consideration for said conveyance; that subsequently on February 11, 1915, while she was sober, and had sufficient mind for the transaction of business, she disaffirmed said deed, and demanded a reconveyance of her said land, which the said Leo refused to do. Prayer that said deed be set aside, and that her title to said real estate be quieted.
The appellees were subsequently substituted as plaintiffs, and filed a supplemental complaint, in which they alleged that after the commencement of this action the said Eva J. Bilskie departed this life intestate, leaving the appellees, other than Meyer, Wade, and Padgett, as her sole heirs at law; that prior to her death she had conveyed to the said Meyer, Wade, and Padgett an undivided one-half interest in the land described in her complaint; that by reason of such facts appellees had succeeded to all the right, title, and interest of said Eva J. Bilskie in said land: and that the matters and things set forth in the complaint filed in this action are true.
The defendant John Bilskie filed an answer, disclaiming any interest in the subject-matter of the action. The defendant Leo Bilskie filed an answer in five paragraphs. In the first paragraph the said Leo Bilskie alleges that the said Eva J. Bilskie joined with her husband, John Bilskie, in the execution of a deed to him for the real estate described in the complaint, but that she had no interest therein, except her inchoate interest as the...
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Nat'l Fire Ins. Co. v. Gellman, No. 11770.
...& Co. on appellant at its Chicago office. This being true, we are bound by such an inference on appeal. Bilskie v. Bilskie (1918) 69 Ind. App. 595, 122 N. E. 436. If said Moore & Co. had that authority, was it a general authority to adjust losses which would carry with it authority ......
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City of Linton v. Jones, No. 10744.
...and one we might have been the more inclined to draw, had the question been submitted to us as an original one. Bilskie v. Bilskie, 122 N. E. 436;Louisville, etc., R. Co. v. Western, etc., Co. (1915) 184 Ind. 531, 111 N. E. 802, Ann. Cas. 1917C, 628;Bright Nat. Bank v. Hartman (1915) 61 Ind......
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Kessler v. City of Indianapolis, No. 24831.
...tending to sustain the complaint (Curryer v. Oliver [1901] 27 Ind. App. 424, 60 N. E. 364, 61 N. E. 593;Bilskie v. Bilskie [1918] 69 Ind. App. 595, 122 N. E. 436); such a motion admitting, for the purpose of its determination, that the facts shown in evidence are true (Milburn v. Phillips [......
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Klotz v. First Nat. Bank of Hammond , No. 11188.
...conclusion reached by that court, although contrary inferences equally as reasonable may be drawn therefrom. Bilskie v. Bilskie (1918) 69 Ind. App. 595, 122 N. E. 436;City of Linton v. Jones, 130 N. E. 541. Directing our attention to the evidence with reference to the circumstances under wh......
-
Nat'l Fire Ins. Co. v. Gellman, No. 11770.
...& Co. on appellant at its Chicago office. This being true, we are bound by such an inference on appeal. Bilskie v. Bilskie (1918) 69 Ind. App. 595, 122 N. E. 436. If said Moore & Co. had that authority, was it a general authority to adjust losses which would carry with it authority ......
-
City of Linton v. Jones, No. 10744.
...and one we might have been the more inclined to draw, had the question been submitted to us as an original one. Bilskie v. Bilskie, 122 N. E. 436;Louisville, etc., R. Co. v. Western, etc., Co. (1915) 184 Ind. 531, 111 N. E. 802, Ann. Cas. 1917C, 628;Bright Nat. Bank v. Hartman (1915) 61 Ind......
-
Kessler v. City of Indianapolis, No. 24831.
...tending to sustain the complaint (Curryer v. Oliver [1901] 27 Ind. App. 424, 60 N. E. 364, 61 N. E. 593;Bilskie v. Bilskie [1918] 69 Ind. App. 595, 122 N. E. 436); such a motion admitting, for the purpose of its determination, that the facts shown in evidence are true (Milburn v. Phillips [......
-
Klotz v. First Nat. Bank of Hammond , No. 11188.
...conclusion reached by that court, although contrary inferences equally as reasonable may be drawn therefrom. Bilskie v. Bilskie (1918) 69 Ind. App. 595, 122 N. E. 436;City of Linton v. Jones, 130 N. E. 541. Directing our attention to the evidence with reference to the circumstances under wh......