Snider v. Wilson

• Decision Date: 07 April 1899
• Parties: SNIDER ET AL. v. WILSON ET AL.
• Court: Iowa Supreme Court

78 N.W. 802

SNIDER ET AL.

v.WILSON ET AL.

Supreme Court of Iowa.

April 7, 1899.

Appeal from district court, Jefferson county; M. A. Roberts, Judge.

Action in equity to have canceled a deed which purports to convey certain real property, and to have the title to the property quieted in the plaintiffs. There was a hearing on the merits, and a decree for the defendants. The plaintiffs appeal. Affirmed.A. W. Jaques and Leggett & McKemey, for appellants.

Rollin J. Wilson, for appellees.

ROBINSON, C. J.

On the 20th day of March, 1895, Henry Hite executed to the defendants W. S. Wilson and Elizabeth Wilson, his wife, a deed which purported to convey to them a lot in the town of Packwood, in this state. The deed recites that it was for the consideration and on the condition that the grantees should provide a good home and suitable living for the grantor during his lifetime, and furnish him “a respectable burial” at his death. Two days after the deed was executed, Hite died. About one year before his death he had executed a will. The plaintiffs, Susan Snider and Nancy J. Baldridge, who are, as we understand, daughters of the decedent, claim that, by virtue of the will, they and the defendant W. W. Hite, a son of the decedent, are entitled to his property; that, when the deed was executed, the decedent was suffering from pneumonia, and was of unsound mind because of the disease; that the defendants, by means of false representations to the decedent, took advantage of his weakness of mind, and caused him to sign the deed; that the property is of the value of $800, and that no consideration therefor was paid by the defendants. The defendants W. S. Wilson and his wife deny that the decedent was of unsound mind when the deed was executed, deny that any false representations were made to procure it, allege that it was made without any solicitation on their part, and ask that it be adjudged to be valid, and that they be decreed to be the owners of the property it purports to convey. The district court found that the deed was valid, and gave to the grantees the relief they demand.

1. The appellees have filed, in connection with their argument, a denial of the statements contained in the abstract of the appellants to the effect that the evidence offered, including that received, was taken down by the official shorthand reporter, and a translation thereof made and filed within six months from the date of the decree. No response is made to that...