117 Iowa 168 | Iowa | 1902
It appears that in 1887 William Turn-bull executed a warranty deed for a farm of 160 acres to his youngest son, Thomas Turnbull, reciting a consideration of $2,500 in hand paid; that no money consideration for the conveyance was paid at the time of the execution of the conveyance, but defendant undertook, in an instrument which has since been lost, to support William Turn-bull and his wife, the stepmother of defendant, during their lives, and that this obligation was fully performed; that subsequently a further obligation to this effect was entered into by defendant, which was duly recorded; that about five years after the execution of this deed, on the application of the children of said William Turnbull, he was found to be of unsound mind, and plaintiff was appointed his guardian, and as such guardian instituted this action to have the conveyance in question set aside on the ground that it had been executed without mental capacity, and as the result of undue influence. This action was still pending in 1899, when William Turnbull died, and plaintiff being appointed administrator of his estate, was substituted in the action, and the other heirs 'were made parties plaintiff or defendant. As the result of a trial upon testimony taken ’wholly by depositions, a decree was rendered dismissing plaintiff’s action.
While this court has in several cases set aside conveyances from a parent to a child where the consideration was an agreement to support, and the agreement appeared to have been improvidently entered into, and not carried out