“The essential elements of undue influence required to be shown to authorize the cancellation of the deed are that the victim is rendered incapable of acting on his own motives, which implies a weak mentality.”
How later courts described this case
- “The essential elements of undue influence required to be shown to authorize the cancellation of the deed are that the victim is rendered incapable of acting on his own motives, which implies a weak mentality.”
- examining capacity to execute a deed
Written by the judges who cited it.
The opinion
SATHRE, Judge.
I adhere to my dissent heretofore written.
After the arguments on the rehearing and a further thorough study of the record I am still convinced that the analysis of the evidence and of the law in my dissenting opinion is correct and that as a court of equity we should have set that deed aside.
GRIMSON, Chief Justice.