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Campbell v. Hale

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eBook details

  • Title: Campbell v. Hale
  • Author : Supreme Court Of Iowa.
  • Release Date : January 17, 1942
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

W.A. Stephenson, age 76 years, died September 11, 1952, after an illness of a little more than thirty days. The deed in controversy was executed August 27, 1952. Plaintiffs and defendants are children of the deceased. Lola Nelson, a daughter, did not join in this complaint and was therefore made a party defendant with defendant-grantees. It is plaintiffs contention that the competent and material evidence introduced disclosed a confidential relationship, the exercise of undue influence by defendants Widell Stephenson and Avis Stephenson upon their father, and that when the purported deed was executed W.A. Stephenson was so ill that his mind was unsound and he could not contemplate the import of his act; that due to actual or constructive fraud practiced by defendant-grantees, they had the burden of proof that the deed was valid and should not be canceled. The only evidence introduced by defendants was the testimony of the notary public who took the acknowledgment [247 Iowa Page 788]


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