Rogers v. Scott

JAMES, J.

This action was brought for the purpose of securing a decree setting aside a certain deed of conveyance of real property; also setting aside certain instruments in writing purporting to transfer title to certain personal property, and a contract signed by the alleged incompetent plaintiff and defendant Linda Scott, in which contract was set forth the terms and conditions upon which the alleged transfers were made. The conveyances of the property both real and personal, according to the tenor of the writings referred to, were from the said Miranda C. Rogers to the said Linda Scott. In

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the second amended complaint, upon which issue was joined by the answer, it was alleged, in brief, that in 1908, Miranda C. Rogers was the owner of a large amount of real and personal property, the major portion of which had been devised to her by her late husband; that at the time of the filing of said second amended complaint, which was of the date the fifth day of April, 1912, said Miranda C. Rogers was of the age of 86 years; that after the death of her said husband she had been annoyed and disturbed by the actions of two certain men, one of whom, on behalf of certain relatives of her deceased husband, had attempted a contest in the matter of his estate, and the other of whom had annoyed her by making demands for money; that defendant Linda Scott was an intimate friend of said Miranda C. Rogers and as such had become the sole and confidential adviser of said Miranda C. Rogers concerning all her affairs; that on account of the annoyance and irritation occasioned by the persons who interfered in her affairs, and because of her great age, the mind of said Miranda C. Rogers, in December, 1908, had become weakened and easily worked upon, and that at or about said last mentioned date, it being reported that the persons who had been annoying the said Miranda C. Rogers had returned, the said Miranda C. Rogers requested the said Linda Scott that the latter take a deed of all the property of the former and hold the same until she should desire it back again; that pursuant to such suggestion the said Linda Scott took the plaintiff to her (Linda Scott’s) attorney and there a deed of conveyance was drawn and executed, whereby title to said property was provided to become vested in the said Linda Scott, except a life interest therein which was reserved to said Miranda C. Rogers; that a bill of sale of articles of household furniture was also executed in favor of said Linda Scott, and that two cheeks, blank as to amount and signed by the said Miranda C. Rogers, were delivered to the said Linda Scott with the understanding that said Linda Scott should, upon the death of said Miranda C. Rogers, draw any and all moneys of Miranda C. Rogers which might be found on deposit in either of two certain banks. The general substance of the charging part of the complaint has been set forth in the foregoing. The judgment of the trial court was in favor of the defendants, from which an appeal has been taken by the plaintiff.