Kliewer v. Bodenheimer, Case Number: 32720

CourtSupreme Court of Oklahoma
Writing for the CourtLUTTRELL, J.
Citation184 P.2d 456,1947 OK 226,199 Okla. 107
Docket NumberCase Number: 32720
Decision Date09 September 1947
PartiesKLIEWER v. BODENHEIMER

1947 OK 226
184 P.2d 456
199 Okla. 107

KLIEWER
v.
BODENHEIMER

Case Number: 32720

Supreme Court of Oklahoma

Decided: September 9, 1947


Syllabus

¶0 1. APPEAL AND ERROR - Review - Sufficiency of evidence in equity case.

In an action of equitable cognizance the findings of the trial court should be sustained, unless it appears that its findings are clearly against the weight of the evidence.

2. DEEDS - Judgment, refusing to cancel deed on grounds of incompetency of grantor, sustained.

The facts, as disclosed by the record in this case, examined, and held, that the judgment refusing to cancel the deed in controversy on the grounds of incompetency on the part of the grantor is not clearly against the weight of the evidence, and the judgment will not be disturbed.

Appeal from District Court, Alfalfa County; O.C. Wybrant, Judge.

Action by F.C. Kliewer, guardian of the estate of C.G. Moody, incompetent, against B.H. Bodenheimer and wife. Judgment for defendants, and plaintiff appeals. Affirmed.

J. Wilford Hill, of Cherokee, and Albert L. McRill, of Oklahoma City, for plaintiff in error.

Halley, Douglass & Felix, of Oklahoma City, for defendants in error.

LUTTRELL, J.

¶1 This action was brought by plaintiff F.C. Kliewer, guardian of the estate of C.G. Moody, an incompetent, to cancel a deed made by Moody to defendants, B.H. Bodenheimer and Edith Bodenheimer, conveying certain farm land in Alfalfa county, and for an accounting. At the conclusion of the evidence, the trial court rendered judgment for defendants, and plaintiff appeals.

¶2 Plaintiff's petition alleged that at the time Moody sold his farm to defendants he was not mentally competent to understand and transact business of that nature, and that the price paid by defendants for the property was grossly inadequate. The trial court found that Moody was competent, and understood and knew what he was doing when he made the sale, and further found that the consideration paid by defendants was not grossly inadequate.

¶3 Undisputed facts are that Moody and defendants owned and resided upon adjoining farms; that on April 14, 1944, they entered into a written contract for the sale of Moody's farm, and certain personal property thereon, as follows:

"April 14, 1944

"Received of B.H. Bodenheimer $1000.00 for payment on the N.E. 28-26-10, and all crop on land, and stock and machinery with the consideration of $9250.00, 3 combines, 2 One-ways, W. 30 International Tractor on Rubber, Plow, Feed Grinder Truck, 2 Drills, Windmill, 2 cows, 14 Hogs, 100 chickens and little chickens. This deal is to be closed in 90 days C.G. Moody is to hold possession for 90 days or until this deal is closed, and furnish merchantable Title.
"C.G. Moody
"B.H. Bodenheimer

"Witnesses:

"E.B. Bodenheimer"

¶4 That when the contract was executed B.H. Bodenheimer gave Moody his check for $1,000, and a copy of the contract, and on the same day they went together to the city of Jet to arrange for a Federal Land Bank loan to be procured on the farm by Bodenheimer to enable him to pay the balance of the purchase price; that the Land Bank refused to make the loan on the Moody farm, which was encumbered by a mortgage of $3,497.28, and that Bodenheimer procured a loan on his own farm. On June 15, 1944, at the bank in Jet, Bodenheimer paid to Moody the balance due, after...

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5 practice notes
  • Schuler v. Schuler, No. 29460
    • United States
    • Court of Appeal of Missouri (US)
    • May 15, 1956
    ...any evidences of insanity to become violently insane within a very short space of time.' In Kliewer v. Bodenheimer, 199 Okl. 107, 184 P.2d 456, loc. cit. 458, the Supreme Court of Oklahoma said: 'Plaintiff also stresses the fact that Moody was declared incompetent three months after the sal......
  • Barker v. British Am. Oil Producing Co., No. 34711
    • United States
    • Supreme Court of Oklahoma
    • February 3, 1953
    ...judgment is not clearly against the weight of the evidence, and should not be disturbed on appeal. Kliewer v. Bodenheimer, 199 Okl. 107, 184 P.2d 456; Wahby v. Renegar, 199 Okl. 191, 185 P.2d 184, and cases cited in note 566 to 12 O.S.C.A., Sec. These rules are in harmony with the applicabl......
  • Metzger v. Mueller, No. 34676
    • United States
    • Supreme Court of Oklahoma
    • October 23, 1951
    ...judgment is not clearly against the weight of the evidence, and should not be disturbed on appeal. Kliewer v. Bodenheimer, 199 Okl. 107, 184 P.2d 456; Wahby v. Renegar, 199 Okl. 191, 185 P.2d 184, and cases cited in note 566 to 12 O.S.A., Sec. Affirmed. HALLEY, V. C. J., and WELCH, CORN, GI......
  • Hunter v. Whitaker, No. 34461
    • United States
    • Supreme Court of Oklahoma
    • October 30, 1951
    ...judgment not being clearly against the weight of the evidence it should not be disturbed on appeal. Kliewer v. Bodenheimer, 199 Okl. 107, 184 P.2d 456; Wahby v. Renegar, 199 Okl. 191, 185 P.2d Affirmed. This court acknowledges the services of attorneys, H. H. McKeever, Harry O. Glasser, and......
  • Request a trial to view additional results
5 cases
  • Schuler v. Schuler, No. 29460
    • United States
    • Court of Appeal of Missouri (US)
    • May 15, 1956
    ...any evidences of insanity to become violently insane within a very short space of time.' In Kliewer v. Bodenheimer, 199 Okl. 107, 184 P.2d 456, loc. cit. 458, the Supreme Court of Oklahoma said: 'Plaintiff also stresses the fact that Moody was declared incompetent three months after the sal......
  • Barker v. British Am. Oil Producing Co., No. 34711
    • United States
    • Supreme Court of Oklahoma
    • February 3, 1953
    ...judgment is not clearly against the weight of the evidence, and should not be disturbed on appeal. Kliewer v. Bodenheimer, 199 Okl. 107, 184 P.2d 456; Wahby v. Renegar, 199 Okl. 191, 185 P.2d 184, and cases cited in note 566 to 12 O.S.C.A., Sec. These rules are in harmony with the applicabl......
  • Metzger v. Mueller, No. 34676
    • United States
    • Supreme Court of Oklahoma
    • October 23, 1951
    ...judgment is not clearly against the weight of the evidence, and should not be disturbed on appeal. Kliewer v. Bodenheimer, 199 Okl. 107, 184 P.2d 456; Wahby v. Renegar, 199 Okl. 191, 185 P.2d 184, and cases cited in note 566 to 12 O.S.A., Sec. Affirmed. HALLEY, V. C. J., and WELCH, CORN, GI......
  • Hunter v. Whitaker, No. 34461
    • United States
    • Supreme Court of Oklahoma
    • October 30, 1951
    ...judgment not being clearly against the weight of the evidence it should not be disturbed on appeal. Kliewer v. Bodenheimer, 199 Okl. 107, 184 P.2d 456; Wahby v. Renegar, 199 Okl. 191, 185 P.2d Affirmed. This court acknowledges the services of attorneys, H. H. McKeever, Harry O. Glasser, and......
  • Request a trial to view additional results

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