Apland v. Pott

Citations

• 16 S.D. 185
• 92 N.W. 19
• 1902 S.D. LEXIS 103

Syllabus

<p>1. Evidence in an action to set aside a deed to defendant from the mother of the parties held sufficient to authorize findings that she had suffi-* cient mental capacity, understood what she did, and acted without undue influence, even if a fiduciary relation existed between her and the grantee.</p> <p>2. A farmer who visits an old lady’s home to view a loss by fire, and finds her ill and confined to bed, and very weak, scarcely able to draw her breath because of a coughing spell, which she had just had, and who does not talk with her, but merely hears her talk with others in a language that he does not understand, does not thereby possess knowledge on which to base an opinion as to her competency to transact business.</p> <p>3. The charge of the court in an equity case in submitting questions to the jury for special findings, is not subject to review, the findings being merely advisory.</p>