O'Neil v. O'Neil

• Citation: 30 Minn. 33,14 N.W. 59
• Parties: O'NEIL v O'NEIL AND OTHERS.
• Decision Date: 24 November 1882
• Court: Supreme Court of Minnesota (US)

30 Minn. 33

14 N.W. 59

O'NEILvO'NEIL AND OTHERS.

Supreme Court of Minnesota.

Filed November 24, 1882.

Appeal from judgment of district court, county of Ramsey.

S. L. Pierce, for appellant.

Mead & Rotert, for respondent.

GILFILLAN, C. J.

This action is to set aside a deed conveying a farm from plaintiff to defendants. The plaintiff is the mother of defendants. The complaint alleges that at the time of executing the deed plaintiff was infirm in body and mind from age and disease; that at that time, and for a long time before, the defendant Dennis lived with her and was her adviser, and had the management and control of her property and business, and that by reason thereof he at all times possessed an undue influence over her, and she was not free to act according to her own judgment in the management of her property, and did not so act, but was induced by him to act in violation thereof as he desired and directed; that she is illiterate and unable to write; that taking advantage of his undue influence over her and fraudulently intending to deprive her of the land, he induced her to affix her mark to the deed; that she had no knowledge of its contents, never intended to execute it, and did not voluntarily sign or acknowledge it, and that she never in fact delivered it, and that it was without consideration. The court found as facts that she was illiterate, but vigorous in body and “in possession of her mental faculties.” In view of the issues this last phrase must be understood to be a finding that she was not mentally infirm, and in this view the evidence fully sustains the finding.

The court also found in substance that since 1876 (the deed having been made in 1881) it was the understanding between the parties that defendants should contribute to the improvement of the land, and the support of the plaintiff, and carry on the farm, and that the land should become theirs prior to the making of said deed; that the improvements were mainly made by them, and the work of carrying on the farm done by them; that they contributed about $15 to the improvement of the land, paid the taxes amounting to $125, and since July, 1878, paid the interest (10 per cent. per annum) on a $600 mortgage on the farm, (upon the conveyance to them they assumed to pay this mortgage;) that the farm was worth $3,500; that the deed was made in recognition of this understanding, and in consideration of the sums contributed, improvements made, and work done, an annuity...