112 N.W. 70 | N.D. | 1907
The plaintiff, a person about 82 years of age, brought this action against her son in the district court of Ramsey county to annul and cancel a certain deed of conveyance executed by her to defendant on August 20, 1903, conveying 160 acres of land in said county to the defendant. She bases her right to the relief asked upon the ground that she was induced to execute such conveyance through undue influence and fraud practiced upon her by the defendant, and she also alleges a partial failure of consideration. The trial court found for the plaintiff, awarding her the relief prayed for, and the defendant has brought the case to this court for trial de novo.
The record is very voluminous, but we think a brief statement of facts will be sufficient for a proper understanding of the questions involved. The parties were born in Norway; the defendant coming ■to the United States in 1880, and the plaintiff in 1896. The plaintiff is unfamiliar with the English language and has had no business experience, while the defendant can speak English quite fluently and has had considerable business dealings. For a period of about seven years after establishing her residence in this country, plaintiff made her home with the defendant, the latter supporting and caring for her, and attending to any business matters in which she was interested ; and we think it fair to conclude from the record that during all this time she reposed implicit confidence in and was dependent upon her said son to a great extent, if not entirely, as to all matters pertaining to her welfare. The real property in controversy was the government homestead of the plaintiff; she having, at the solicitation
It is sufficient to say that, after a careful consideration of the testimony, we are convinced that the plaintiff has failed to establish facts which would warrant a court of equity in awarding to her the relief which she .asks, and we are constrained to believe from the testimony in the case, that, had it not been for the intervention of some of her other children, this action would never have been commenced. It was not until she had met her other sons, and they had caused her to believe that defendant had cheated her in this transaction, that she became dissatisfied and formed the intention of rescinding the contract. The record will be searched in vain for any evidence of actual fraud practiced upon her by defendant in procuring the deed, and while plaintiff may have been influenced to some extent by the defendant in entering into the contract of sale and in executing the deed, we do not think it can properly be held to be such
Tested by these rules, we unhesitatingly conclude that the evidence in the case at bar is wholly insufficient to warrant a finding of undue influence practiced upon plaintiff by defendant in procuring the execution and delivery of the deed in question. Furthermore, we are convinced that the contract between these parties, instead of being grossly unfair or inequitable, was, on the contrary, just and reasonable, in view of the law and facts. The proof shows that the reasonable value of plaintiff’s board during the time she made her home with the defendant was $2 per week, and the proof also shows that the defendant furnished to her during said time necessary medical attendance and other necessaries of life; and, as above stated, he made permanent improvements upon the land to the extent of $650 in value, and while these were voluntarily furnished, and these improvements voluntarily made by defendant, and, on account of the relations of the parties, he could not legally recover therefor, they were, we think, proper items to be considered by the plaintiff in fixing a consideration for the sale of the land to the defendant. There was a moral, as distinguished.from a legal obligation, and, when these matters are considered, it cannot be said that the consideration for this deed was inadequate, or that the contract was an unfair or unconscionable one.
Counsel for respondent cite and rely upon Brummond v. Krause, 8 N. D. 573, 80 N. W. 686; and, while we fully indorse what was said by the court in that case, we do not think that the facts in the case at bar are analogous to the facts in said case. It was there held that the relation of trust and confidence existed between the grantors and the grantee, being parents and child, and the contract between such persons will be set aside, where the stronger mind has induced it to be made, unless the bona fides of the transaction is shown. It is conceded by counsel for appellant that this rule is applicable to the case at bar, and hence that the burden is upon the defendant to show the bona fides of the transaction, and that he took no undue advantage of his mother in procuring the deed in question; but he contends, and we think his contention is correct, that he has successfully shown the absolute fairness of.the contract, and that he was not guilty of any fraud or undue influence in the
In this case there are equities in defendant’s favor which should not be overlooked. As stated before, defendant defrayed a portion of plaintiff’s expenses in immigrating to this country. He made it possible for her to acquire title to this property from the government, paying all expenses in connection therewith. He supported her and furnished her with the necessaries of life during a period of nearly seven years; her other children contributing practically nothing thereto. He has made permanent improvements upon the land at his own expense, aggregating in value $650 ; and, if the decision of the trial court is sustained, he in all probability will never receive anything therefor. In view of these facts, which are abundantly supported by the evidence in this record, we are of the opinion that the contract between these parties was fair and equitable and should not be disturbed.
The judgment of the district court will therefore be reversed, and that court directed to enter judgment dismissing the action. The defendant in his answer does not ask for costs, and in view of the relations of the parties and the evident hardship which would result to plaintiff, if she should be required to pay the 'defendant’s costs of this action, we have decided to allow no costs to either party.