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127 Mich. 664

Smith v. Cuddy

Michigan Supreme Court

Decided July 19, 1901

Michigan Supreme Court · decided 1901-07-19

<p>Appeal—Evidence—Review.</p> <p>A decree setting aside a deed on the grounds of mental incompetency and undue influence was reversed on the facts.</p>

Reversed · Decided 1901-07-19

Hooker, J.

¶1The parties to this suit were respectively husband and brother of Rebecca J. Smith, deceased, and her only heirs. The complainant filed the bill in this cause to set aside a deed made by Rebecca J. Smith to the defendant upon the grounds' of incompetency and undue influence, and obtained a decree in the circuit court, from which the .defendant has appealed. The question is one of fact merely, and a discussion of the evidence would be profitless. We are satisfied that the deceased was neither insane nor incompetent when the deed was made, and that it was not obtained through undue influence.

¶2The decree is reversed, and bill dismissed, with costs of both courts.

Montgomery, C. J., Moore and Grant, JJ., concurred. Long, J., did not sit.
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