Gard v. Arnold

• Decision Date: 30 June 1900
• Citation: 157 Mo. 538,57 S.W. 1035
• Parties: GARD v. ARNOLD et al.
• Court: Missouri Supreme Court

57 S.W. 1035

157 Mo. 538

GARD v. ARNOLD et al.

Supreme Court of Missouri, Division No. 1.

June 30, 1900.

CANCELLATION OF DEED — DURESS — EVIDENCE.

Plaintiff, a widow, owned a farm of 75 acres, and lived alone. Her daughter and son-in-law had a large family, and were in destitute circumstances, and in August, 1894, moved onto and worked plaintiff's farm. In September following, plaintiff made a will, giving the farm of 75 acres to her daughter, subject to a legacy to plaintiff's youngest daughter. Her other children had received gifts and advancements, but defendant, her daughter, had not. In November following, plaintiff set fire to a small, vacant cabin on a neighboring farm. In June of 1896 plaintiff destroyed her will. In July her son-in-law became sick, and, to neighbors, expressed a fear that he might not get well, and would die more contented if plaintiff would give him a home for his family; and July 29, 1896, plaintiff executed a deed of 35 acres to her daughter and husband; paying for its execution and recording herself; stating that her object was to provide a home for her daughter. In a suit to set aside the deed as procured by threats of prosecution for burning the shanty, a witness, who was to receive pay for looking up evidence in the case, testified that defendant son-in-law, after plaintiff destroyed her will, said he would send her to the penitentiary for burning the shanty if she did not deed him 35 acres of land. The other witnesses to the threats were plaintiff, her eldest daughter and husband, and one other witness, all of whom were contradicted by defendants. Held, that the evidence was not sufficient to warrant setting aside the deed as having been obtained by threats of prosecution.

Appeal from circuit court, Pettis county.

Suit by Barbara A. Gard against Susan A. Arnold and another to set aside a deed. From a judgment for defendants, plaintiff appeals. Affirmed.

Sangree & Lamm, for appellant. H. T. Williams, for respondents.

BRACE, P. J.

This is a suit in equity to set aside a deed dated July 29, 1896, duly executed and acknowledged by the plaintiff, Barbara A. Gard, and on the same day duly recorded, whereby she conveyed to her daughter the defendant Susan A. Arnold 35 acres of land in Pettis county. The substantive facts alleged in the petition, for the relief sought, are that previous to the execution of said deed the plaintiff, being persuaded thereto by her son-in-law, the defendant William Arnold, husband of the said Susan A., had set fire to and destroyed a vacant shanty, of little value, on a neighboring farm, belonging to one Edward Imhauser; that the said defendants, knowing this fact, by threatening to have her prosecuted for the crime and sent to the penitentiary, so intimidated her as to induce her to execute the deed aforesaid. The answer was a general denial. The finding and judgment were for the defendant, and the plaintiff appeals.

It appears from the evidence: That at the time the deed was executed the plaintiff was a widow, aged about 58 years and 5 months. That she had been twice married, and had five living children, — one daughter by her first husband, and two sons and two daughters by her second husband. Of the latter, the defendant Susan A. Arnold was one. That she was receiving a pension of eight dollars per month from the government. That she formerly lived on a farm in Morgan county. That in the year 1892 or 1893 she purchased a tract of land in Pettis county, containing 75 acres, of which the 35 acres in question form a part, moved to it, and thereafter made it her home, managing the farm and conducting all her business herself; her children having grown up, some of them married, and all gone off to do for themselves. This continued until the summer of 1894, when she made an arrangement with the defendant William Arnold, the husband of her said daughter Susan A., by which they and their family, consisting of themselves and four small children, were to come and live with her on the farm. Theretofore they had been living in Johnson county, and were in destitute circumstances. They came, and on the 14th of August, 1894, she executed and acknowledged, in due form, a written lease of that date, whereby she leased her farm and all improvements to Arnold for one year from and after the 1st day of March, 1895, upon the following terms: "Arnold is to pay one-third of all crops of grain that may be raised, the same to be put in cribs or granary. She [Mrs. Gard] is to live in the same house with the Arnolds, together with any other members of her family, so long as they conduct themselves in a peaceable manner. All the parties are to have the same use of the house and other buildings and pasture. Mrs. Gard is to have a garden in case she so desires. Arnold is to have the privilege of clearing up any part of timber land, and for compensation shall receive an equal amount of land next to it free of rent." The lease also provides that "Arnold shall cultivate the land well, and use the premises for no other purpose, and will not sublet, sell, or assign his term without Mrs. Gard's written consent, and guard the property from all damages, and keep the same in good repair, and forfeit his lease if he does not keep these provisions, and at the...