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49 Iowa 694

Wallerick v. Greiner

Supreme Court of Iowa

Decided October 11, 1878

Supreme Court of Iowa · decided 1878-10-11

The plaintiffs, who ave heirs of Frederick Greiner, Sr., deceased, bring this action to set aside a deed executed by said decedent to his son, Frederick Greiner, Jr., alleging that the defendant fraudulently, and by undue influence and duress, obtained said deed ; that at the time the deed was made, and for months previous thereto, deceased had been laboring under a fatal disease; was old, weak, childish, an imbecile, and mentally incapacitated to do any business whatever;…

Decided 1878-10-11

Day, J.

¶1Appellants do not claim that they have established that decedent was insane, but they claim that fraud and undue influence were practiced upon him in his suffering and weak condition. The evidence shows that at the time of the execution of the deed decedent was very aged, and was suffering from a very painful disease. We unite, however, in the opinion that the evidence does not show that any fraud or undue influence was practiced upon him by the defendant, or that any advantage was taken of his condition. A review of the evidence in detail would subserve no useful purpose. We have no hesitancy in holding that the judgment of the court below should be

¶2Affirmed.

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