Sprague v. Hall

• Decision Date: 13 December 1883
• Parties: SPARGUR ET AL. v. HALL
• Court: Iowa Supreme Court

17 N.W. 743

62 Iowa 498

SPARGUR ET AL. v. HALL

Supreme Court of Iowa, Des Moines

December 13, 1883

Appeal from Montgomery Circuit Court.

B. W SPARGUR died intestate in the year 1880. He was the owner of a residence in the village of Villisca, and of a farm in that vicinity. Mary Spargur was his widow, and entitled to one-third of his real estate. After his death she continued to occupy the residence in the village, and Sarah M. Hall, a daughter, with her family, also occupied the residence, under a contract to board her mother for a certain compensation. Mary Spargur died in February, 1881, and some seventeen days before her death she executed to Sarah Hall a note for $ 800 and a mortgage upon the undivided one-third of the farm to secure the payment of the note. At the same time she made a written agreement with Sarah Hall providing for her future support.

This action was commenced by the administrator of Mary Spargur and by the other children and heirs of B. W. and Mary Spargur, to cancel the note and mortgage, upon the grounds that, at the time they were executed, Mary Spargur was old and feeble in body and mind, and mentally incompetent to make such a contract; and that defendant took advantage of her condition, and by undue influence and persuasions, and by false pretenses, induced her to sign said written instruments; and that the same were without consideration and void. The cause was referred to a referee, who found for the plaintiffs, and a decree was entered canceling the note and mortgage as prayed. Defendant appeals.

AFFIRMED.

F. P. Greenlee and C. E. Richards, for appellant.

W. H. Redmon and W. S. Strawn, for appellees.

OPINION

ROTHROCK, J.

Mary Spargur was in her seventy-third year at the time of her death. The following extract from the finding of facts by the referee is fully supported by the evidence: "At the time of the execution of the note, the said Mary Spargur was old and in feeble health. She was suffering with rheumatism, and had been afflicted for nearly forty years with a female complaint. Her husband died nearly a year previous, after having lived many years with said Mary Spargur; that during his lifetime he transacted all the business; that she had very little knowledge of business matters; that after her husband's death she transacted none, save the matter in question; that Mary Spargur, at the date of the execution of the note and mortgage in question, had a contracting mind but her mind, by reason of her age, infirmities and loss of her husband, was not strong; that by reason thereof, and through want of knowledge of business, she could easily be directed to erroneous results and false...