Rasmussen v. Martin

• Decision Date: 28 October 1955
• Docket Number: No. 5963,5963
• Citation: 60 N.M. 180,289 P.2d 327,1955 NMSC 95
• Parties: Andrew F. RASMUSSEN, Henry J. Rasmussen, Cynthia Rasmussen, Aura L. Smith, Georgia E. Burrow, Bessie L. Ward, Sales M. Smith, and Muriel C. Smith, Appellants, v. Jeanette V. MARTIN, Guardian of V. V. Martin, Appellee.
• Court: New Mexico Supreme Court

Page 327

289 P.2d 327

60 N.M. 180

Andrew F. RASMUSSEN, Henry J. Rasmussen, Cynthia Rasmussen, Aura L. Smith, Georgia E. Burrow, Bessie L. Ward, Sales M. Smith, and Muriel C. Smith, Appellants, v. Jeanette V. MARTIN, Guardian of V. V. Martin, Appellee.

No. 5963.

Supreme Court of New Mexico.

Oct. 28, 1955.

G. W. R. Hoy, Farmington, for appellants.

Palmer & Palmer, Farmington, for appellee.

COMPTON, Chief Justice.

Appellants' intestate, H. John Rasmussen, instituted this action against V. V. Martin, in the District Court of San Juan County, to cancel a deed conveying mineral interest. For convenience, we refer to them as plaintiff and defendant.

The plaintiff died intestate on May 2, 1953, before the cause was heard, and his heirs were substituted as parties plaintiffs. Thereafter, on February 25, 1954, the defendant Martin was adjudged to be an incompetent and Jeanette V. Martin, his wife, was appointed guardian of his estate, following which she was substituted as party defendant.

The complaint alleges that the defendant fraudulently, and with intent to defraud, induced the plaintiff to convey to him mineral interest in certain lands described in the complaint. It further alleges that the conveyance was induced by undue influence due to plaintiff's age and infirmities, and further, that the conveyance was without consideration. Issue having been joined, the cause was tried to the court, and from an adverse judgment, appellants appeal.

The substance of the court's findings is as follows: Both parties were represented by an attorney, Miss Esther Crane, whom they had previously consulted, and the deed was prepared at the direction of the plaintiff; that its contents were fully explained and understood by the plaintiff; that the conveyance was not induced by fraud or deceit; that the conveyance was based on a good and sufficient consideration; and that the testimony of the defendant was corroborated in all respects as required by Sec. 20-2-5, 1953 Comp.

Appellants attack the sufficiency of the evidence to support the findings generally. When a judgment is attacked as being unsupported, the powers of the appellate court ends with a determination whether there is substantial evidence to support it, contradicted or uncontradicted. And in reviewing the evidence on appeal, all conflicts must be resolved in favor of the successful party and all reasonable inferences indulged in to support the judgment; evidence and inferences to the contrary will be disregarded. State ex rel. Magee v. Williams, 57 N.M. 588, 261 P.2d 131; Little v. Johnson, 56 N.M. 232, 242 P.2d 1000.

We summarize the evidence. The defendant and plaintiff were endeavoring to organize a drilling company, and to do so, it was necessary to acquire a block of acreage as an inducement for someone to drill for oil and gas on the acreage thus acquired. Pursuant to the agreement, plaintiff conveyed the minerals in question to defendant with the understanding that the same were to become a part of the assets of the drilling company. The defendant contacted other landowners in the area in an effort to acquire such acreage. He also made a trip to California to interest parties in a drilling contract, but his efforts were futile. He then offered to reconvey the minerals to the plaintiff. At the time, however, plaintiff was experiencing financial difficulties. He owed a Mrs. Fields of Durango, Colorado, a substantial sum of money. He was also indebted to the defendant approximately $900 for loans advanced to him and for labor and services performed by the defendant. Desiring to satisfy his creditors, and being without available funds, plaintiff offered to sell the minerals to the defendant, which offer was accepted. Thereupon, they entered into a new contract whereby the amount previously owing the defendant was cancelled and an additional sum of $1,100 was paid to plaintiff for the minerals. The defendant made payments of the latter sum from time to time in small amounts, which were endorsed by plaintiff on copies of a trust receipt, and that when the final payment was made, the plaintiff's copy was delivered to him. The defendant paid the plaintiff $300 on one occasion and $500 at a later date. We deem this evidence substantial. Lumpkins v. McPhee, 59 N.M. 442, 286 P.2d 299.

The main question presented is whether the testimony of the defendant was corroborated as required by Sec. 20-2-5, 1953 Comp. The section reads:

'In a suit by or against the heirs, executors, administrators or assigns of a deceased person, an opposite or interested party to the suit shall not obtain a verdict, judgment or decision therein, on his own evidence, in respect of any matter occurring before the death of the deceased person, unless such evidence is corroborated by some other material evidence.'

Miss Crane was called as a witness by appellants. She testified as follows:

'Q. Will you state whether there was any conversation in your office between those two gentlemen at that time relating to this matter?

'A. Yes, sir there was. My recollection is not too clear on it. Mr. and Mrs.--I mean Mr. Rasmussen and--and Mr. Martin came in my office together, and as I say I don't recall who gave me the information necessary but they told me that Mr. Rasmussen wanted to give a mineral deed to Mr. Martin on certain acreage in San Juan County and in the discussion I was informed by Mr. Martin that they were to form a drilling company and that these mineral rights were to be part of the assets of that company and he also informed me that Mr. Charles M. Tansey, who is an attorney in Farmington, was the attorney they had selected to handle the organization of the company and I prepared the mineral deed.

'Mr. Hoy: Miss Crane, did you prepare at that time and as a part of this same transaction another instrument?

'A. I prepared another instrument in connection with this deed. I have gone back through my file to try to determine whether it was prepared that actual day or several days later but I did prepare an instrument the so called 'Trust Receipt' which Mr. Martin signed and which indicted the purpose for which...