249 F. 344 | 8th Cir. | 1918
This is a suit by Emma P. Williams, formerly Canary, against James D. Canary, to cancel an oil and gas mining lease of a tract of land in Oklahoma patented to her as a Cherokee allottee, and also a working contract supplemental to the lease, upon the ground that he obtained them by fraud and undue influence. At the hearing on the merits the trial court held the instruments valid and dismissed the petition. The plaintiff appealed.
The defendant is plaintiff’s father, and had been the guardian of her estate during her minority by appointment of the court having cognizance of such matters. A prior lease to an oil company, executed by him as her guardian, had just expired with her minority. There were at that time 10 producing oil wells on the property. The lease and the contract in controversy were executed the day after the plaintiff became of age, and that circumstance is now principally relied on to invalidate them. The trial court found from the evidence that plaintiff voluntarily executed the instruments and fully understood their terms; also that their provisions .were more advantageous to her than she could at the time have obtained from others or by her own operation of the property. We concur in this conclusion, and if further assurance were needed it would appear from plaintiff’s acquiescence in the transaction and the receipt of its substantial fruits for more than six years before this suit was brought, during the last four of which she was married and living apart from her father. The suit is quite without warrant or foundation in any fact aside from the time the lease and the contract were made.
The decree is affirmed.