40 Minn. 417 | Minn. | 1889
Upon the complaint and answer in this case judg-' ment of dismissal was ordered and entered, upon defendant’s motion. Two grounds were assigned therefor: First, that the complaint did not state facts sufficient to constitute a cause of action; and, second,' for want of reply to the answer. The object of the action is to cancel and set aside a deed, with its record, of certain real property,! made by the plaintiff to her son, the defendant. The complaint alleges the plaintiff to be a widow, over 80 years of age at the time of' the transaction, and very feeble and infirm. It further sets forth in detail, in addition to some matters of form, the situation, surroundings, and circumstances finder which the defendant obtained a deed to the premises in question from plaintiff, upon a promise to remain and reside with her so long as she should live, to render her such as
It is impossible to conclude that a reply was essential. The answer admits the execution and record of the deed. It then sets forth that, in making a division of her property among her children, the plaintiff intended to and did give that described in the complaint to the defendant, reserving to herself the right to use and occupy the same •during her lifetime. It denies undue influence or fraud upon defendant’s part, or that his treatment of plaintiff has ever been undu
Judgment reversed.