100 Iowa 282 | Iowa | 1896
The real issue in the case, as will be observed from the foregoing statement, is as to the validity of the conveyance from Nicholas and Ellen Hemstreet to the defendant, Mrs. Wheeler. This conveyance was made on the ninth day of January, 1889, and recorded on the eleventh day of January of the same year; and the expressed consideration for the same is four thousand six hundred dollars. For reasons hereafter to be stated, another deed was afterward executed between the same parties, bearing date September 9, 1891, recorded September 10, 1891, covering the property in controversy. Nicholas Hem-street died, intestate, on the third day of October, 1891. He left surviving him, plaintiff, a son, Mrs. Melvina 0. Wheeler, a daughter, and Ellen Hemstreet, his widow. But for the deeds to which we have referred, plaintiff and each of the defendants would be entitled to an undivided one-third of the property in controversy, as only heirs of the said Nicholas Hemstreet. The only question in the case relates to the validity of these deeds. The exact claim made by the plaintiff, with reference to them, is that they are inoperative and void, for want of consideration, or, if
The first question to be considered is as to the consideration for the conveyance to Mrs. Wheeler. This inquiry is not for the purpose of defeating the conveyance because of an entire lack of consideration, for the reason that it is elementary that a deed expressing a consideration cannot be defeated, nor a trust established by evidence of this character. Jones, Real Prop, sections 801, 302, 309. This feature of the case is material, as it bears upon the question of fraud and undue influence, for, if it be found that the elder Hemstreet was weak in mind, and easily susceptible to the influences of those in whom he placed his confidence, the adequacy, or inadequacy, of the consideration
It is argued, however, that while Hemstreet may have been competent, in a legal sense, to execute the conveyance, yet that his mind was so enfeebled on account of age and sickness that he was easily influ-enced, and that Mrs. Wheeler took advantage of this fact, and by her persuasion, importunity, and coercion secured the conveyance. We have examined the evidence relating to this issue with great care, and do not find that the claim is sustained. Plaintiff’s counsel argue that the conveyance was made under a misapprehension of the facts, arising from the fact that Mrs. Wheeler supposed that plaintiff had received his full share of his father’s estate, which was, in fact, untrue, and they refer to the evidence relating to a certain two thousand dollar transaction, which Mrs. Wheeler claims was given by Nicholas Hemstreet to his son in the year 1885, and insist that no such gift was made. This circumstance, even if found in favor of the plain-' tiff, is by no means conclusive. But we are not prepared, in view of the evidence submitted, to find that plaintiff did not receive this money. The circumstances point very strongly to the conclusion that he