216 Miss. 879 | Miss. | 1953
On September 4, 1946, the appellant was the owner of 400 acres of land, more or less, situated in Panola County, Mississippi, which she inherited as the sole and only legal heir of her former husband, C. J. Johnson, who died intestate in'about the year 1928. Appellant later married James Cunningham, a preacher, with whom she
The suit of appellant was not contested by the said Joseph Lockett, Katie Lockett Dean, and Elmore Lockett, and in fact these named defendants appeared as witnesses in behalf of the appellant. The said Ardella Lomax Lockett and Taylor Mercantile Company answered, denying the allegations of the original bill and the grounds therein relied upon for the cancellation of the conveyances therein sought to be cancelled.
The chancellor, after hearing the evidence, found adversely to the appellant, both as to the law and the facts, and entered a decree dismissing the original bill, from which decree the appellant prosecutes this appeal.
The appellant seeks a reversal of the decree of the court below upon the ground that the same is contrary to the overwhelming weight of the evidence.
The issues presented to the chancellor were whether the deed which the appellant executed to George Lockett on September 4, 1946, was procured through fraud or mistake, or as the result of undue influence, or whether at the time of the execution of the deed by appellant she was of great weakness of mind caused by the infirmities of old age and illness or other cause to the extent that she was mentally incapacitated to understand and appreciate the transaction and the effect of her act. The proof on these issues was conflicting. The proof on behalf of the appellant showed that she was about 85 years of age, unable to read and write, in bad health, suffering from arthritis and stiffness and swelling of the limbs, and was unable to go about without difficulty, but made frequent trips to the doctor, and had been in a confused state of mind since the death of her husband, James Cunningham, in April, 1946; that her physical ailments grew progres
The proof on behalf of the appellees showed on the contrary that the said George Lockett did not assist appellant in the conduct of her business; that on the occasion when the deed in question was prepared, appellant, without any suggestions from George Lockett, requested him to go with her to the office of the attorneys; that the only relationship existing between appellant and George Lockett was that of brother and sister; that on May 20, 1946, the appellant obtained a loan from the State Bank of Como for $421.50, executing a deed of trust on the aforesaid land to secure the same; that Mr. Dave Pointer, the official of the bank who handled the transaction, observed nothing abnormal about the mental condition of the appellant at the time; that the appellant, on May 3,1947, January 10, 1948, December 15,1949, and January 20, 1951, executed deeds of trust to J. H. Cash and Company covering her crops, work stock and farming implements, and securing various amounts advanced to appellant by the said J. H. Cash and Company; that Dorothy Lockett, the woman with whom George Lockett was living at the time of his death, was present at the time appellant executed the deed to George Lockett, and that according to her testimony, the appellant fully knew and understood what she was doing. Mr. Herbert Fant, the attorney who prepared the deed, testified that when the appellant came to his office she first stated that she
It will be observed, therefore, that the testimony on the issues involved was wholly conflicting and we think that the chancellor was amply warranted under the evidence in resolving these issues in favor of the appellees.
It is argued by appellant, however, that a confidential or fiduciary relationship existed between the appellant and her brother George and that the existence of such relationship should render the deed invalid for presumed undue influence. The chancellor, however, was justified in believing from the evidence for the appellees that the only relationship between the parties was the blood relationship of brother and sister. Ties of blood alone are not sufficient to furnish the basis for a confidential relationship. 26 C. J. S., p. 298.
Appellant relies upon the cases of Puryear v. Austin, 205 Miss. 590, 39 So. 2d 257; Nubby v. Scott, 186 Miss. 309, 19 So. 2d 911, and like decisions, holding that when there is great weakness of mind in a person executing a conveyance of land arising from age, sickness or other cause, though not amounting to absolute disqualification, and the consideration given for the property is grossly inadequate, a court of equity will, upon application of the injured party, or his heirs, set aside such conveyance. We recognize the soundness of these cases but they are applicable only where there is a showing of great weakness of mind arising from old age, sickness or other
While it is claimed by the appellant that her old age, sickness, and grief over the death of her husband, produced for her a confused state of mind, it is significant that this deed was executed on September 4, 1946, and that more than three years thereafter, that is to say, in the latter part of the year 1949, when she claims to have ascertained for the first time that she had executed a deed instead of a will, she showed remarkable alertness of mind in undertaking to get a reconveyance of the property from George Lockett to her, and failing in this, to get Geor-ge Lockett to convey a two-thirds interest in the land to Joseph Lockett and Katie Lockett Dean, pursuant to an understanding that the said Joseph Lockett
Reviewing the entire record, it is disclosed that the evidence presented issues of fact for the determination of the chancellor. The chancellor resolved these issues in favor of the appellees and we are of the opinion that the decision of the chancellor is amply supported by the evidence. The decree of the court below is accordingly affirmed.
Affirmed.