Holland v. Kelly

MELVIN, J.

Plaintiff appeals from a judgment in favor of Julia McCarthy, defendant’s testate.

The suit was brought to obtain a judgment declaring a certain deed null and void and decreeing that it be canceled. Plaintiff also asked that the court should make a decree declaring him to be the owner of the property described in the deed; quieting his title as against Julia McCarthy; and enjoining the latter from asserting any estate, right or title to the land. There was also a prayer for general relief.

The deed in question was made by Mary Anne Holland, Patrick Holland’s intestate, to Julia McCarthy, respondent herein. The complaint attacked this deed under four counts, declaring that it was void (1) because of the incompetency of the grantor, (2) because the deed was without consideration

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and not signed by the grantor, (3) because of the alleged nondelivery of the instrument, and (4) because of the asserted undue influence exerted by Julia McCarthy over the mind and volition of Mary Anne Holland, producing the execution of the alleged deed.

Julia McCarthy answered, denying the allegations of the complaint and averring her own title to the property by virtue of the deed from Mrs. Holland. The cause was tried and submitted upon all of the alleged causes of action except the third. As to that count the court ordered a nonsuit. By their verdict the jury found “in favor of defendant and against the plaintiff upon counts one, two, four,” and “in favor of plaintiff and against the defendant upon counts none.” Judgment was thereupon entered in favor of the defendant.

Appellant contends that this is a suit of which a court of equity has exclusive jurisdiction; that in such an action the verdict of the jury is merely advisory and intended to enlighten the conscience of the chancellor; that a trial by jury in chancery may only be had upon issues specially framed under the court’s direction; that, therefore, the general verdict cannot support the judgment; and, finally, that the absence of findings necessitates a reversal.

This matter has been before the court in an application for mandate to require the settling of a bill of exceptions.