Huffmond v. Bence

Citation27 N.E. 347,128 Ind. 131
PartiesHuffmond et al. v. Bence.
Decision Date24 April 1891
CourtSupreme Court of Indiana

128 Ind. 131
27 N.E. 347

Huffmond et al.
v.
Bence.

Supreme Court of Indiana.

April 24, 1891.


Appeal from circuit court, Putnam county; S. M. McGregor, Judge.


Williamson & Daggy, for appellants. S. A. Hays, for appellee.

Olds, C. J.

Jane Rudisill and her husband, David Rudisill, each owned a town lot in the city of Greencastle; and on the 11th day of January, 1881, they joined in a deed, and conveyed both of said lots to their daughter, the appellant, Surrilda Huffmond. The consideration for such conveyance, as stated in the deed, was one dollar, and in consideration of said Surrilda having boarded, nursed, waited upon, and taken care of said Jane and David during the two years before that datelast past, and the further consideration that she, said Surrilda, agrees to continue to board, nurse, and take proper care of said Jane and David during their natural lives, reserving to each of said grantors the possession and control by each of the respective lot owned by each during their natural lives. David died intestate. The appellee, Bence, was appointed administrator of his estate, and he filed a claim against said estate in his own favor for $100 for medical and surgical treatment rendered to the said David in his last sickness. The said Bence filed a complaint against the estate, making the appellant and her husband parties, in which is alleged the conveyance of said real estate by the said Jane and David Rudisill to said appellant in consideration of the agreement stated in said deed; that at the time of said conveyance, prior thereto, and up to the date of his death, said David was afflicted with strangulated hernia, and was subject to frequent attacks of the same; that nursing and taking proper care required that when said David was attacked and afflicted with strangulated hernia it be reduced; that after said conveyance it was mutually agreed between said appellant and David that they should sell said lot, the title to which had been in David prior to the conveyance to appellant, and that the proceeds thereof should be invested in other real estate, the title to be taken in the appellant, reserving the use and control to David during his life, under the same conditions and agreement, and for the same consideration, as the first lot so conveyed as aforesaid was conveyed to said appellant; and that in pursuance of said agreement they did sell said lot, and joined in a deed, and conveyed the same to the purchaser, and purchased with the proceeds thereof another tract of land, and took the title to the same in the appellant, granting to the said David the use and control of the same during his life, simply substituting the real estate purchased for that sold under the same agreement to nurse and properly take care of the said Jane and David; that David took...

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