62 P. 529 | Or. | 1900
after stating the facts, delivered the opinion.
Rostein, upon being requested so to do, desired to give the deed, and he and Wilkins urged Mrs. Rostein to join in the execution thereof; but, after considerable debate upon the subject, she having declined to' execute the deed, Wheeler admits that he said to- her: “Mrs. Rostein, do just exactly as you are a mind to- about signing that deed, but, if you don’t sign it, it shows that you intend to- swindle Mr. Park
It is alleged in the complaint, and the plaintiff testifies, that, notwithstanding she notified the defendant and Wheeler that she desired to consult another attorney concerning the said land transactions, they would not permit her to do' so. Her husband corroborates this testimony, and also says that, when they returned to Wheeler’s office, Wilkins closed the door thereof, and that he and Wheeler each said to his wife, “You are not going out of this office until you sign that deed.” The defendant and his witnesses deny these statements; and the fact that plaintiff called upon William's, to consult with him, after Wheeler told her that, if she did not sign the deed, she would have to submit to the consequences thereof, civilly and criminally, conclusively shows that the plaintiff and her husband are mistaken in this particular. Mr. Simpson, who appears to- be entirely disinterested, testifies that, after plaintiff and her husband left Williams’ office, Mr. Williams immediately went out, leaving him alone therein, and in a short time Mrs. Rostein returned and conversed with him in Williams’ absence, thus establishing, as far as possible from the testimony of witnesses, the falsity of Rostein’s testimony that Wilkins closed the door of Wheeler’s office, so as to prevent plaintiff’s exit therefrom. A careful examination of the testimony leads us to conclude that the deed in question was not executed in consequence of
Reversed.