172 P. 676 | Utah | 1918
This is an action to set aside and cancel a deed for land situated in, Spanish Fork, Utah County, executed by one Henry Tilley, hereinafter for convenience called the grantor. The deed was made to defendant Alma C. Tilley.
The complaint, in substance, alleges that the grantor died in November, 1915, but that on December 8, 1911, he is purported to have made the deed in question; that at that time he was mentally incompetent and unable to transact ordinary business; that the defendants, taking advantage of his weakness of mind, by fraud and undue influence, wrongfully procured the deed to be made; that the deed was made without consideration. Defendants controvert these allegations of the plaintiffs, and further allege, in effect, that the defendant Alma C. Tilley paid part of the purchase price of said land; that in 1907 he was arranging to leave the state of Utah, whereupon the grantor and his wife entered into an oral agreement whereby they agreed that if the defendants would remain at home and cultivate the land in question and other land belonging to the grantor, the said grantor and his wife would convey the land in question to the defendants in such form that the title thereto would vest in them upon the death of the
Several errors are assigned relating to the admission of testimony, motions to strike out portions of the answer, rulings of the court thereon, and error in the findings. All of said rulings except as to the issues of fact were either proper or nonprejudicial, and will not be further considered.
The only questions necessary to be determined are: (1) Was the grantor mentally incompetent to convey his property at the time the deed was executed? (2) Was he unduly influenced thereto by the defendants? Upon these issues many witnesses — about an equal number — were sworn and examined on each side of the ease. The witnesses were all neighbors of 'the grantor, Henry Tilley, in his lifetime, and many of them were his relatives by consanguinity or affinity. All the parties to the action are his lineal descendants and heirs at law, his wife having died in June, 1911.
The testimony on the part of the plaintiffs tended to show abnormal conduct, strange behavior and eccentricities on the part of the grantor, indicating weakness of mind, imbecility and mental aberration, some occurring before the deed was executed, December 8, 1911, but most of it after. As samples of incidents related by the witnesses for plaintiffs, the following may be mentioned: He was known to go to town in his buggy and come home without it: tried on one occasion to put on baby shoes in the presence of the family; had a curious expression in his eyes; sometimes commenced eating dinner before other members of the family were ready; after eating dinner would crack and eat cherry stones; sometimes got lost
The testimony introduced by defendants tended to show that the grantor transacted business with other people at or about the time the deed in question was executed; that he sold land and executed deeds therefor; transferred water rights, conveyed lands to the plaintiffs, long after executing the deeds to the defendants; that plaintiffs still hold the deeds ; that his conduct was generally normal down to 1913 or 1914, the testimony varying in that respect. He attended church regularly until 1914. Defendants’ witnesses saw some changes as time went on, but were of the opinion he was competent to transact business in 1911; told several witnesses he had turned the land over to the boys. Witnesses talked with him about business matters as late as 1913 or 1914, and saw nothing unusual in his demeanor. Defendants’ testimony also tended to show that both of the defendants, before the deed was executed, contemplated -leaving Utah, and in consideration of their
It does not appear from the evidence that the eccentricities above enumerated, introduced to show the grantor’s incompetency, reflected his mental condition at all times.
For reasons above stated, the judgment of the trial court is affirmed; respondents to recover costs.