Stepp v. Frampton

Citations

• 179 Pa. 284
• 36 A. 177
• 1897 Pa. LEXIS 633

Syllabus

<p>Contract — Fraud—Undue influence — Evidence—Burden of proof.</p> <p>When the relation existing between contracting parties appears to be of such a character as to render it certain that they do not deal on equal terms, but that on the one side, from overmastering influence, or on the other side, from weakness, dependence, or trust justifiably reposed, unfair advantage is rendered probable, then the transaction is presumed void, and it is incumbent upon the party in whom such confidence is reposed' to show affirmatively that no deception was used, and that all was fair, open, voluntary and well understood.</p> <p>On a bill in equity to secure the cancelation of the assignment of mortgages, it appeared that the plaintiff was a man seventy-five years of age, mentally and physically infirm. He had been an industrious farmer, and had all his life abstained from speculative operations. The defendant was a young man about thirty-five years of age and until about two years before the bill was filed had been an entire stranger to plaintiff. He ingratiated himself into such intimacy with the plaintiff that the latter consulted him in matters of the most confidential character, such as how to distribute his property among the members of his family, and made him an executor of his will, giving him large powers. The will was written by the defendant and under his advice. Subsequently plaintiff guaranteed notes on which defendant secured the money, and he gave an oil lease upon his farm to defendant. Shortly after the execution of this lease defendant assigned to plaintiff at various times interests in the lease and in other leases, and took from him an assignment of the mortgages in controversy in payment. The master and the court below found that the leases had no value; that plaintiff was mentally and physically infirm, and that the relation between him and defendant at the date of the assignment of the mortgages was of a confidential character. A decree was entered in favo