86 Iowa 594 | Iowa | 1892
This action was begun to partition certain lands in which the plaintiffs claimed an interest. It was alleged, among other things, that one of the plaintiffs, George Yazel, who was a man over eighty years old, in feeble condition, and unable to read and write, was induced by fraud and deceit practiced upon him by his sons, David and Joseph, to execute a deed to them of all his interest in the land in controversy, they pretending to enter into a contract to. support their father; and that he was thus induced to sign a deed to the land, supposing it was a contract for his support. That his said sons, the defendants, conspired and confederated together to gain said conveyance by fraud and deceit, and the same was thus procured. That because thereof, and because no consideration was paid therefor, and for the reason that the defendants have not supported said plaintiff, the plaintiff asks that the deed be set aside, and avers that he still owns his interest in said land. The defendants deny the allegations referred to, and aver that the deed given them by their father was for a consideration, being a
IY. As, for the errors pointed out, the ease must be reversed, we need not pass upon the appellants’ motion to tax costs of transcript and printing supplemental abstract to the appellees.
The question of mental capacity not having been at issue, it would be improper for us to pass upon the sufficiency of the evidence adduced thereon. Reversed.