57 Iowa 15 | Iowa | 1881
The undisputed facts of the case are substantially as follows: In November, 1813, the intervenor, John Smith, was the owner of the land in controversy. He was a widower, and a little more than sixty years of age. He had three children, who are the plaintiffs in this action. On the 7th of November, 1863, he conveyed the land in controversy to the plaintiffs, reserving to himself a life estate therein. Four days afterward he was married to the defendant, Barbara. The conveyance to the plaintiffs was made by him after his engagement to her, and in contemplation of the marriage. The plaintiffs filed their deed for record in Marion county where one hundred and twenty acres of the land were situated, but failed to file it in Warren county where the forty acres were
It is said that this deed was obtained by undue influence and duress. But, in our opinion, the evidence does not so show. It does show, it is true, that the intervenor executed it with great reluctance, and not without very persistent endeavors on the part of the grantees to induce him to do so. But there is no evidence that he was not in full possession of his powers and abundantly able to control his affairs in his own way. Not only so, but he sought the advice of eminent legal counsel, and was told by them that he was under no obligation to make the deed, unless he desired to. The pretense that he executed it under duress is, in our opinion, equally
In our opinion, the decree of the District Court must be
REVERSED.