Dowell v. Dowell

Decision Date10 October 1919
Docket NumberNo. 20209.,20209.
PartiesDOWELL et al. v. DOWELL et al.
CourtMissouri Supreme Court

Appeal from Circuit Court, Moniteau County; Hopkins B. Shain, Judge.

Suit by Luther Dowell and others against Emmett Dowell and others. Judgment for defendants and plaintiffs appeal. Affirmed.

The plaintiffs brought this suit in the circuit court of Moniteau county against the defendants, to set aside a deed dated March' 15, 1915, conveying 87 acres of land located in that county, made by Laton E. Dowell, the father of the plaintiffs and defendants. The petition charged the defendants with having exercised undue influence over the mind of the grantor, and that the latter was mentally incapable of making the deed at the time of its execution. The trial resulted in a decree in favor of the defendant, and the plaintiffs duly appealed the case to this court. The evidence was as follows:

"Ida B. Kelly, one of the appellants, testified that Laton E. Dowell, the person who executed the deed sought to be set aside, signed a note as surety for her husband, John C. Kelly; that Laton E. Dowell had to pay this note; that Laton E. Dowell knew all of his children at all times, and that he knew how much land he had " and where it was located; that he knew all about the crops, the rent, etc.; that he rented and received the rents for the farm.

"Leslie Kelly testified that Laton E. Dowell seemed to know all about his business, and that he had his own mind.

"T. J. Russell, in answer to question by the court, said that he had no idea whether Laton E. Dowell would have been a man who comprehended what money and property he had and how he wanted to dispose of it. This witness also testified that he is the father-in-law of one of the appellants.

"Alice Wennett, one of the appellants, testified that Laton E. Dowell lived at her house until 1913; that he left the home to come back to see about paying his interest and taxes.

"Dr. Anderson, witness for appellants, testified that he did not have enough knowledge to test the memory of Laton E. Dowell to any extent; that his association with Laton E. Dowell was during the years 1911 and 1913. Witness was unable to say whether Laton E. Dowell acted upon his own initiative and judgment.

"Nola Starks, one of the appellants, testified that she was with her father at the Latham Hospital during the extreme sickness of her father, Laton E. Dowell; that she had not seen her father for a period of 23 months next proceeding this time; that the rumor was that the reason that Laton E. Dowell went to High Point was on account of the pregnancy of the wife of Emmett Dowell and the expected parturition of his wife; that she knew of the deed in question before the death of her father, and had told him about it; that Laton E. Dowell knew he had the land.

"Luther Dowell, one of the appellants, testified in a way to indicate a personal dislike against the respondent and a disrespect for his father, but admitted that his father knew all his children and transacted his own business. Appellants' witness Ellen Latham testified that respondent Emmett Dowell paid the expense of his father at the Latham Hospital.

"Dr. H. W. Latham, testified that he knew Laton E. Dowell for a period of more than 50 years; that he had been his family doctor; that Dowell appeared before him on the 3d day of March, 1915, and told him that he wanted to make a deed, and would have him make an examination of him (Dowell) to ascertain whether he was competent to make a deed; that as a result of that examination he found Dowell competent; that Dowell was a strong-willed man; that Dowell understood the value of money and how to make it; that he wanted Emmett Dowell to have his property; that he was selling the land cheaper to Emmett Dowell than he would to any one else; that Laton E. Dowell gave as the reason for his appearing before the doctor that there would be trouble after his death, and that he wanted everything settled up sure; that he wanted a careful examination so that the doctor could testify about his condition on that day; that he wanted Emmett to have the land; that he didn't want the other children to have it, and he wanted it fixed; that he didn't want the deed to Emmett torn up or broken by law, and that was why he wanted the examination; that Laton E. Dowell at the time had no doubt of his ability to make the deed; that Dowell said there would be trouble over his deed after he had gone, and that he wanted it to stand that way; that he had never seen Laton E. Dowell when his mind was cloudy until his last extreme sickness.

"Dr. L. L. Latham, witness for the respondent, testified that he made an examination of Laton E. Dowell, and found his mind active and capable; that Dowell said he wanted to make a deed and wanted it to be legal; that he was getting what he wanted out of the land; that he was going to give Emmett Dowell some money on this land; that Laton E. Dowell knew all his property and all his children; that he didn't see Laton E. Dowell and Emmett Dowell ...

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