Greedy v. McGee

• Decision Date: 20 April 1881
• Citation: 55 Iowa 759,8 N.W. 651
• Parties: GREEDY, GUARDIAN, ETC., v. MCGEE.
• Court: Iowa Supreme Court

55 Iowa 759

8 N.W. 651

GREEDY, GUARDIAN, ETC.,

v.MCGEE.

Supreme Court of Iowa.

Filed April 20, 1881.

Appeal from Fremont circuit court.

In 1875 Mrs. Mahor sold and conveyed to the defendant 80 acres of land. To set aside such conveyance is the relief sought in this action. The ground upon which it is based is that Mrs. Mahor, at the time of the conveyance, was of unsound mind; that it was greatly to her disadvantage, and was obtained by undue influence. The plaintiff is guardian of the person and property of Mrs. Mahor, having been duly appointed such in 1878. The circuit court dismissed the petition and the plaintiff appeals.Sears & Thormell, for appellant.

Stockton & Taylor, for appellee.

SEEVERS, J.

The evidence is voluminous. The abstract and amended abstract contains near 150 pages of evidence and is seriously conflicting. We can only state our conclusions, and shall not attempt to support them by a reference to the evidence to any great extent. We do not believe Mrs. Mahor, at the time the contract and conveyance was made, was of unsound mind. The preponderance of the evidence, however, is that she was at that time of weak intellect and not capable of transacting business of importance; but as to this the evidence is conflicting.

The question for determination, then, is whether an unconscionable advantage was taken by the defendant in making the contract and obtaining the conveyance. Harris v. Wamsley, 41 Iowa, 671;Campbell v. Campbell, 51 Iowa, 713. Mrs. Mahor had been twice married. Her last husband died in 1874, and the conveyance was made in 1875. She had no children or known relative living. Her age does not distinctly appear, but from a circumstance or two mentioned in the evidence we judge she is near 50 years old. She owned the 80 acres of land in controversy, which a preponderance of the evidence shows was worth, at the time of the conveyance, $2,000. The value of her other property is not shown. We judge she did not own much property but the land. It was rented at the time of the conveyance, and Mrs. Mahor was dissatisfied with the tenants. By the terms of the contract the defendant agreed to pay $1,760 for the real estate. Out of the purchase money he was to pay a mortgage of near $300, which was due, and which Mrs. Mahor was apprehensive would be foreclosed, and she would thereby lose the land; and he was also to pay some other small indebtedness. For the balance of the purchase money the defendant was to give his note, payable in 10 years, with 6 per cent. interest, and secure the same by a mortgage on the land. In addition to the foregoing, and as a part of the contract or consideration, Mrs. Mahor was to board and make her home with the defendant, for which he was to receive a reasonable compensation. The defendant paid the mortgage and executed his note for $1,462.92, and secured the same by mortgage. There is no pretence the amount of the note is not correct.

Mrs. Mahor made her home and boarded with the defendant for 17 weeks...