52 P. 1048 | Or. | 1898
delivered the opinion.
Plaintiff alleges that on June 14, 1894, plaintiff being the owner in fee and in possession, by her tenants, of lots 1 and 2 in block 15, and lots 1, 2, 3, and 4 in block 16, in the city of Forest Grove, having two houses and a barn thereon, defendant, representing that said tenants were insolvent, had not paid the rent reserved, and could not be dispossessed unless the premises were conveyed to another, promised that, if a deed therefor were executed to her, she would care for the property, collect rents, hold the legal title thereto in trust for plaintiff, and reconvey the same upon being requested so to do ; that on said day, plaintiff’s mind being very weak in consequence of her extreme age, feeble constitution, and recent illness, she was incapable of fully comprehending the nature of her acts, and, believing and relying upon said representations, she, without any consideration therefor, executed to defendant a conveyance of said premises ; that, prior to the
The reply having put in issue the allegations of new matter contained in the answer, a trial was had; and, from the evidence taken, the court found that plaintiff executed said deed in pursuance of defendant’s agreement to furnish, during her life, the necessary clothing, support, medicine, and medical attendance, but by reason of plaintiff’s incapacity to attend to business, and her inability properly to understand the nature thereof, or the manner of conducting the same, the deed was delivered without taking from the grantee any memorandum evidencing the obligations assumed by her; that no sum whatever was paid for said premises, nor did any consideration pass to plaintiff from defendant, except the latter’s verbal agreement to furnish said support, clothing, medicine, and medical attendance, upon the faith of which agreement plaintiff relied, and without which she would not have excuted the deed ; that defendant has refused to keep or perform her agreement, whereby plaintiff sustained damage equivalent to the reasonable value of such food, clothing, medicine, and medical attendance, which the court found to be the sum of $275 per annum; and thereupon decreed said sum to be an annual charge and prior lien upon said premises, during plaintiff’s life, payable in quarterly installments of $68.75 each, the first becoming due March 20, 1896, from which decree defendant appeals.
Modified.