Gibbons v. Dunn

• Court: Michigan Supreme Court
• Writing for the Court: MARSTON, C.J.
• Citation: Gibbons v. Dunn, 46 Mich. 146, 9 N. W. 140 (Mich. 1881)
• Decision Date: 08 June 1881
• Parties: GIBBONS v. DUNN.

9 N.W. 140

46 Mich. 146

GIBBONS v. DUNN.

Supreme Court of Michigan

June 8, 1881

On a bill to set aside a deed for the grantor's incompetency the burden of proving incompetency is upon the complainant whose case fails if the evidence is so evenly balanced as to leave the question in doubt.

Appeal from Wayne. Defendant appeals.

Moore & Moore and Chas. M. Swift, for complainant.

Griffin & Dickinson, for defendant.

MARSTON C.J.

The complainant seeks to have a deed executed by her father in 1869 to the defendant set aside because of the incompetency of the grantor at the time of executing the instrument.

In 1874 complainant's father conveyed a certain other description of land to another son, William Dunn, and the same year a third piece of land to his son Michael Dunn. Separate bills were filed against each of these parties to have these deeds set aside and for the same reason, and in each case a decree was rendered in favor of complainant, from which appeals were taken by the defendant in each case.

The cases were heard together upon pleadings and proofs. A large number of witnesses were examined in favor of the complaint and the evidence given by them tended very strongly to show that the grantor, now deceased, was at the time of executing the conveyance in question incompetent and not capable of doing any business. On the part and behalf of...