Bilskie v. Bilskie
| Decision Date | 14 March 1919 |
| Docket Number | No. 9707.,9707. |
| Citation | 69 Ind.App. 595,122 N.E. 436 |
| Parties | BILSKIE v. BILSKIE et al. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
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.
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 renderedsetting 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 wife of said John Bilskie; that prior thereto, the said John Bilskie had executed to his said wife a pretended deed for said real estate, but that said deed was procured through fraud and coercion, and that no title to, or interest in, said real estate passed to her by reason of said pretended deed; that at the time the said Eva J. Bilskie and John Bilskie conveyed said real estate to him, there was a mortgage thereon, securing the sum of $400, and certain liens for assessments and taxes; that when he accepted said deed for said real estate, he paid the said Eva J. Bilskie the sum of $200, and assumed and agreed to pay said liens; that said liens amounted to about $1,000, and that he subsequently paid the same. The second paragraph of answer is similar to the first, with additional allegations of facts to show fraud, coercion, and a want of consideration. The third paragraph of answer alleges that the said Eva J. Bilskie became 21 years of age on January 18, 1913, but did not disaffirm the deed made by her, as set forth in the complaint, until more than 2 years thereafter, and that she did not commence this action until more than 2 years after she became 21 years of age. In the fourth paragraph of answer the said Leo Bilskie alleges that the said John Bilskie conveyed the real estate described in the complaint to his wife, Eva J. Bilskie, by a deed in which he reserved a life estate in himself; that thereafter the said Eva J. Bilskie, together with her husband John Bilskie, who was over the age of 21 years, conveyed said real estate to him by deed with covenants of warranty, whereby he obtained the entire title thereto; that he paid the said Eva J. Bilskie, as a consideration for her interest in said real estate, the sum of $200, and assumed the payment of all liens against the same, which included a mortgage amounting to more than $400; that thereafter he paid said mortgage indebtedness and certain assessments for levee and ditch construction and repairs amounting to $287.70; all of which were liens on said real estate; that in the event the said deed from Eva J. and John Bilskie to him be set aside, the amount of the several sums so paid by him, together with...
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