104 N.W. 845 | N.D. | 1905
Plaintiff brought this action to- set aside a deed of real property executed and -delivered by -him to the defendant, his brother, -on December 26, 1889. The complaint alleges that the plaintiff was at said time in such mental -and physical condition through the excessive drinking of intoxicating liquors that he was
It will be noticed- that the trial court -found against the plaintiff so far as the allegations of the complaint are -concerned. This finding is not expressly challenged1 by th-e plaintiff on the appeal, although its correctness is not conceded. It therefore follows that there -is no issue to be determined -on- this appeal as to the relation between the parties arising out of the deed -of Decern
The settlement was agreed to between Mr. Sorley and plaintiff near plaintiff’s residence. Mr. Sorley was there at defendant’s request. He went there to procure a settlement of all matters unsettled between 'the brothers. After all items of account between them had befen considered and adjusted, plaintiff said that he was unable to pay, and Sorley suggested that he sell the land to defendant. After some talk the -price was agreed upon at $2,300
It remains to determine what conclusions are deducible from the evidence upon the following questions: (1) Was the deed void? (2) If not void, was it voidable at the election of the plaintiff? (3) Was the settlement fairly and honestly made, in view of the fact that the relation of mortgagor and mortgagee had hitherto existed between the parties? (4)If not so made, and the giving of the deed was voidable at the time, has plaintiff ratified the giving of the deed by not attacking its validity promptly?
Upon the first question we find that the evidence will not sustain a conclusion that the deed was given when there was an entire want of understanding on the part of '-the plaintiff as to what he was doing. Whether the contract or deed of an intoxicated person is ever entirely void on the ground, alone, that it was given while intoxication continued and rendered the person entirely without understanding or judgment, we need not determine as a question of law. The authorities are in conflict on this question. Conceding, for the purposes of this case, that the deed of an intoxicated person who is entirely without understanding is void, and that section 2706, Rev. Codes 1899, providing that “a person entirely without understanding has no power to make a contract of any kind,” applies to contracts made while a person -is temporarily intoxicated, we would nevertheless be forced to find that the plaintiff was not in that -condition -when he made -the settlement and gave the deed1. But there is hardly any -conflict in the authorities upon the question as to whether a deed given while a person is in an .intoxicated condition is voidable at his election. It is generally held that he may avoid his deed under such circumstances. The general rule is stated in 17 Am. & Eng. Enc. Law, p. 401, as follows: “Where a person seeks, to avoid responsibiltiy for a con
The following facts convince us that he is entitled to no- relief: This conclusion is. reached from the evidence of facts that transpired on September 17th, and from what the evidence shows his condition to have been on that day. Whether he was capable of understandingly making a settlement and signing the deed depends upon his condition on that day. His condition days or weeks before that day, or on days following, has alone but a very remote bearing on the question as to his condition on September 17th. It is undisputed that the plaintiff has not drank intoxicating liquors, except occasionally and to a very limited extent, since about October 19, 1894. Since that time he has been sober, and at all times conceded to have possession of his full mental powers. After receiving the deed, defendant went into possession of this land and plowed
From these facts we have no hesitation in holding that the ■plaintiff ratified the sale, and cannot now invoke the aid -of a court of equity to relieve him from his contract. He should -have dis-affirmed his contract promptly upon learning of it, or of facts suf
The plaintiff claims that, coupled with his alleged intoxication, the facts should be considered that the defendant employed an attorney to procure the settlement, and that plaintiff was thereby surprised and made the settlement under coercion, and that the settlement was unfair and should be set aside on that ground, as the relation of mortgagor and mortgagee existed between the parties, which fact causes courts of equity to scrutinize all transactions of the sale of the equity of redemption. These matters are
The judgment is reversed, and the district court is directed to order judgment for the defendant.