53 Iowa 547 | Iowa | 1880
II. We find from the evidence presented in the abstract the following facts:
■ 1. In 1874, the intestate, then eighty years of age, sold his farm is Minnesota, where he was living, and with a large part of the proceeds came to Iowa, bringing with him defendant, with whom, ever afterwards, he had adulterous relations.
3. The personal property brought by the parties to Iowa all belonged to intestate, and the lands described in the petition were purchased with his money.
4. The parties were never lawfully married, and intestate was never divorced from his lawful wife. This was well known to defendant. They lived together in adultery as man and wife.
5. Thfe intestate was eighty years old when this adulterous connection was formed, and his mind was, to some extent, impaired by his age. The defendant was thirty-five years of age. While she was ignorant, deaf, had lost an eye and had no womanly charms, she possessed great force of will and determination of purpose, as is clearly shown by the fact that though dismissed more than once by intestate’s wife from employment, she returned again and retained her hold upon the husband.
6. Through the influence plaintiff acquired over the intestate by her adulterous relations, she induced him to intrust her with his money and property, and to .cause the conveyances for the lands to be made to her.
7. The notes described in the petition were received by her in consideration of the conveyance of the lands bought with intestate’s money, and the other personal property belonged to intestate.
III. Under the doctrine of Leighton v. Orr, 44 Iowa, 679, the decree of the court below, so far as it denies relief to plaintiff, must be reversed. We held in that case that influence obtained by immoral conduct and adulterous relations is regarded in the law as undue influence, and cannot be exercised to the advantage of the person possessing it, and wheu such relations exist, the burden is upon the one claiming under a conveyance executed by the other party to the unlaw
Applying these rules to the case before us, we hold that all tbe notes and property in the possession of defendant, and described in the petition, must be regarded as assets of the estate of which plaintiff is administrator. A proper decree will be entered in this court granting relief to plaintiff to the fall extent prayed for in his petition. The ease is
Reversed on plaintiff’s appeal.
Affirmed on defendant’s appeal.