140 N.W. 712 | N.D. | 1913
This is an action brought by the plaintiff through his guardian ad litem to set aside as void a deed .to 160 acres of land in McHenry county given by plaintiff to one of the defendants. The plaintiff, his father, and his brother, and the defendants Oscar Lee and Orna Lee, all had government homesteads in the same neighborhood. In May, 1903, plaintiff proved up upon his land, and a few days thereafter executed a warranty deed to Huida Lee, wife of Oscar Lee. The complaint alleges, among other things, “that the plaintiff herein is afflicted with fits or periods of mental incompetency, at which times the said plaintiff is incompetent to transact business, or to know or realize what the plaintiff herein is doing. That on or about the 16th day of June, 1903, this plaintiff, while mentally incompetent and without knowing what he did, or what was being done by him, the said plaintiff, executed an instrument in writing which plaintiff now learns purported to be a warranty deed signed by this plaintiff . . . and reciting a consideration therein of $900. That plaintiff further states the fact
(1) Tbe evidence offered at tbe trial was to tbe effect that plaintiff was subject to fits from childhood, and that be was not temporarily mentally incompetent, but permanently so, having been in this condition all bis life. Many of tbe witnesses have known plaintiff from bis early boyhood. We will give extracts only of tbe testimony of a few of those witnesses which is fairly typical of all of tbe testimony upon that point. One witness says, “He was paralyzed upon one side, one band, one foot, and be held bis band up to one side close to bis body, and one foot kind of dragged, and bis face was drawn to one side.” Another witness says, “I went to school with him and be never made any advancement in bis studies. He didn’t talk any intelligent talk with tbe boys. One reason that I knew be wasn’t smart, — be would run away nights and bide in the woods, and tbe family would have to go out and bunt him. . . .We went to class in tbe fourth reader; be could hardly read in tbe first reader; be vasn’t fit for tbe fourth reader.” Another witness says, “He would go out in tbe road and stand around sometimes, maybe for half an hour, and walk off again. . I have known of him going away from home at night and bis father coming after me to go and bunt for him. We took lanterns and bunted until about 12 o’clock at night, and we gave him up to freeze,— it was down about zero. We quit then and he told us next morning that '>e bqd' followed us around, and laughed about it.” Another witness says, “He was a boy that didn’t talk much. About all be would say would be 'yes’ and 'no’ when you would talk with him. I never beard him in conversation with others. . . . He came to my bouse one night after I bad gone to bed. I beard a noise on tbe porch quite a bit. He didn’t knock at tbe door. I got up and opened tbe door and Wade Parsons was standing on tbe porch. lie was pretty cold. It was a cold
(2) The above announced conclusion renders the deed invalid, and
Our conclusion herein shall in no manner be held to prejudice any right which plaintiff may have to require from defendant an accounting for the rents and profits of the land since the year a. n. 1903, in an independent action.