145 Minn. 336 | Minn. | 1920
Plaintiff executed a deed to defendant on July 13, 1916, whereby, in consideration of the sum of $3,500, he conveyed-to her all the interest which he then had, or should thereafter acquire by will or inheritance from Thomas Klinkert, in 13 lots in the village of Arlington, Minnesota, and also all the interest which he then had, or should thereafter acquire by will or inheritance, in the personal property of said Thomas Klinkert, and also all the claims, demands and causes of action which he then had, or should thereafter have, against the estate of Theodore Streissguth, deceased. Thomas Klinkert died on December 36, 1917. Plaintiff brought this action in July, 1918, to set aside and annul the above deed, on the ground that he had been induced to execute it by false and fraudulent representations that it conveyed only his interest in the Arlington lots. At the trial a jury was impaneled and the following question framed for submission to them:
“Did the plaintiff, at the time he executed the instrument in controversy, know the contents of such instrument and what he was signing ?”
At the close of the evidence, the court directed the jury to answer this question in the affirmative, and thereafter made findings to the effect that plaintiff executed the deed with full knowledge of its contents, and directed judgment for defendant. Plaintiff moved for amended findings or for a new trial, and appealed from an order denying his motion.
Plaintiff contends that the finding to the effect that he executed the deed with full knowledge of its contents is not justified by the evidence.
Captain Klinkert was a resident of Arlington, Minnesota, for many years, and acquired considerable property. He was married twice.
Defendant’s son, T. Otto Streissguth, acted for her in procuring the deed in controversy. He went to Wood Lake where he had a talk with plaintiff in the Citizen’s Bank of that place, and, after agreeing on the terms, prepared the deed on the bank typewriter. He testified that he explained fully to plaintiff that defendant wanted-a deed which would pass to her whatever property rights plaintiff might acquire by inheritance from Thomas, and which would also put at rest whatever claims plaintiff had been making against her deceased husband. He further
The complaint alleged that plaintiff was mentally weak and unable to understand business matters, but no evidence was offered in support of this allegation, unless his own testimony that he did not understand this deed, and the fact he had squandered the property which he had received from his father, be taken as such evidence. He had transacted business for himself for more than ten years, and there is nothing in the record from which the court could find that he was not competent to transact such business at the time he executed the deed. The evidence not only sustains but compels the findings made by the court.'
Plaintiff also insists that, insofar as the deed purports to convey his expectancy as an heir of his brother, it cannot-be given effect, for the reason that, if such a deed is not absolutely void, the facts necessary to establish the validity of such a deed were not shown. This question was not presented by the pleadings nor litigated on the trial and therefore cannot be considered on this appeal. 1 Dunnell, Minn. Dig. § 401, and cases there, cited.
Order affirmed.