Burgess v. Pollock
| Decision Date | 07 April 1880 |
| Citation | 5 N.W. 179,53 Iowa 273 |
| Parties | BURGESS v. POLLOCK. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Linn district court.
Action in equity to set aside a deed executed to the defendant by the plaintiff's father, Alexander Pollock, who has, since the execution of the deed, died intestate. The petition avers that the deed was without consideration; that it was obtained by undue influence, and that the grantor at the time of its execution was insane. The answer is a general denial. There was a decree for the plaintiff, and the defendant appeals.James D. Giffin, for appellant.
Thompson & Davis, for appellee.
1. The defendant, at the time of the making of the deed, was Alexander Pollock's wife. Whether any valuable consideration was paid by her or not, the deed cannot be set aside for want of consideration. Mercer v. Mercer, 29 Iowa, 557.
2. The claim that the deed should be set aside as having been obtained by undue influence is equally untenable, for the evidence wholly fails to support the allegations.
3. Whether it should be set aside upon the ground that Pollock was insane at the time he executed it is not quite so clear. Pollock, at the time of his death, was about 60 years of age. He had been living for many years upon his farm in Linn county, consisting of about 128 acres, and which is the land in controversy. The defendant was Pollock's second wife, by whom he had eight children, most of whom were minors at the time of his death. By his first wife he had two children, of whom the plaintiff is one. She was, at the time of his death, and at the time of the execution of the deed, married and settled in life. Pollock had for several years been in poor health and incapacitated for much labor; but he superintended his farm and transacted his general business, the labor upon the farm being done largely by his sons. Towards the close of his life he became despondent, and frequently expressed grave apprehensions in regard to the support of his large family.
In February, 1878, he conveyed his farm to his wife, by executing the deed in question. He stated, at the time of its execution, that his health was poor and that he was liable to drop off at any time. He also stated that he thought it would be better to leave the property all to his wife, to raise the rest of the children, than to have it separated so it would not amount to much for any of them. About two weeks afterwards he was drowned. It was thought by some that he committed suicide, and the coroner so found; but the evidence that he came to his death by suicide rather than by accident is very slight. All the evidence adduced upon the subject leads to no satisfactory conclusion either way.
The deed which the plaintiff seeks to set aside was drawn by and acknowledged before one John McArthur, and witnessed by two witnesses. They all testify that they saw nothing peculiar in his actions or conversation. McArthur testifies that he had been acquainted with him for 27 years, and it did not occur to him at the time he took his acknowledgement that he was insane, or he would not have done it. The plaintiff's husband was examined in her behalf, and testified that he lived three-fourths of a mile from where Pollock lived; that he was acquainted with him for 11 years, and saw him often, and never thought of his being insane until he found that he had conveyed his farm to his wife. Another witness for the...
To continue reading
Request your trial