57 Ind. App. 158 | Ind. Ct. App. | 1914
This is a suit to set aside a conveyance of real estate. The complaint is in one paragraph and charges in substance that on December 27, 1911, appellee was the owner of 26 acres of real estate, describing it; that appellee was a widow, ignorant and unlearned in business affairs and especially so in matters of a legal nature; that Noah M. Teegarden, one of the appellants herein named was a practicing attorney at law and a real estate agent and appellant, Alice Teegarden, was his wife; that after the death of appellee’s husband she had employed Noah M. Teegarden
A separate demurrer to the complaint by each of said appellants was overruled and an answer filed in general denial. One Harriett F.' Hayes filed an intervening petition alleging that she was interested in the suit by reason of a mortgage held by her on the real estate, and asked that her interest be protected. The cause was submitted to the court for trial without a jury and on request the court made a special finding of facts. The conclusions of law were in favor of appellee and said Harriett F. Hayes. Appellants excepted to the conclusions of law and filed a motion
Appellants contend that the complaint is insufficient on the ground of fraud, hut have failed to set out the demurrers, or the substance thereof in their briefs. However, the same questions which are sought to be presented on the demurrers, arise on the exceptions to the conclusions of law. The only questions properly presented and not waived relate to the correctness of the conclusions of law and more particularly to the conclusions that said deed is void and should be set aside; that plaintiff’s title be quieted and that she recover costs. The court found the facts to be substantially as alleged in the complaint, and for that reason it will not be necessary to set them out in detail.
Note. — Reported in 106 N. E. 641. As to contracts between attorney and client, see 83 Am. St. 159. For a discussion of the burden of proof as to the good faith of the transaction in the case of an assignment or conveyance by a client to his attorney, see 18 Ann. Cas. 123. See, also, under (1) 4 Cyc. 962; (3) 9 Cyc. 456; (4) 38 Cyc. 1990.