Tate v. Holmes

• Decision Date: 06 October 1896
• Docket Number: 285.
• Citation: 76 F. 664
• Parties: TATE et al. v. HOLMES et al.
• Court: U.S. Court of Appeals — Ninth Circuit

76 F. 664

TATE et al. v. HOLMES et al.

No. 285.

United States Court of Appeals, Ninth Circuit.

October 6, 1896

A. H Fanner, for appellants.

L. L McArthur, for appellees.

Before GILBERT and ROSS, Circuit Judges, and HAWLEY, District Judge.

GILBERT Circuit Judge.

The appellants, as heirs at law of Eliza Francis, deceased commenced a suit in the circuit court to set aside a certain conveyance made by the said Eliza Francis on January 21 1890, conveying to Hulda G. Holmes, one of the appellees lots 3 and 4 in block 254 in the city of Portland, or. It was alleged in the bill that Eliza Francis died on April 30, 1893, and that for a number of years prior thereto the appellees, the defendants in the bill, resided with her in her house, situated on said property; that they had control of her and of the said premises, and that she lived with them, and under their protection and control, until her death; that about five years before her death she became of unsound mind, by reason of extreme old age, and that she was weak and feeble in body, and incapable of leaving her room except occasionally; that her memory was destroyed; that she did not recognize her relatives or her most intimate acquaintances when they called to see her, and that during all of said period she was in such a state of mental imbecility as to be incapable of transacting business, or of understanding the nature or consequence of any business transaction; that the defendants caused a deed to be prepared and drawn up, conveying said property to said Hulda G. Holmes, and procured and induced said Eliza Francis to sign and acknowledge the same; that at the time of signing said deed the said Eliza Francis was 87 years old, and was of unsound mind, and incapable of understanding the nature and consequence of the deed; that for five years and more before her death the defendants, in order to take advantage of her, and for the purpose of procuring said conveyance, kept her isolated from her friends and acquaintances, refused to allow her friends to visit or converse with her, and intercepted letters sent her by some of the complainants, and they took advantage of her condition for the purpose of defrauding the complainants out of the inheritance of said property as her heirs at law; and that by the use of misrepresentation, fraud, undue influence, persuasion, and artifice they compelled her to make the said conveyance. The answer of the defendants put in issue the allegations that the said Eliza Francis was of unsound mind, or that they procured the said conveyance by fraud or otherwise, denied all the substantial allegations of the bill, excepting the fact of the said conveyance, and alleged that it was the intention of the said Eliza Francis to give said property to the said Hulda G. Holmes; that said intention was formed many years prior to the date of the said deed, and the said conveyance was made in pursuance of said intention; that the property was devised to the said Eliza by her husband, Simeon Francis, who was the uncle of the said Hulda G. Holmes; and that after the death of the said Simeon, and in pursuance of his dying request, the said Eliza had induced the defendants to come to her house, and live with her, and that they lived with her at her house from the year 1873 up to the time of her death, in 1893; and that said deed was made in consideration of the care and attention and devotion of the said defendants to her; and that she, at the date of the conveyance, was in the full possession of her mental and physical faculties, and was under no restraint or compulsion from any one. Upon the general issues so presented the circuit court found the equities with the defendants, and decreed that ...