Hosch v. Hampton

DORAN, J. In this action to cancel a deed and release, the plaintiff prevailed and defendant appeals.

The pertinent facts as revealed by the record are as follows: Appellant and respondent are mother and son respectively. The appellant worked in a law office in the city of Butte, Montana, for several years and also worked for a period of months in the office of the clerk of a court in Florida. The respondent went to the eleventh grade in school and there-after worked as a laborer commencing in 1937, except for a period of approximately one and one-half years spent in the United States Navy.

Respondent’s father died on July 24, 1928. Respondent received $15,000 from an insurance policy upon the life of his father. In 1932 respondent was living with his then guardian, Miss Nona Dunston, and was then thirteen and one-half years old. Thereafter appellant was appointed guardian of the person and estate of respondent in lieu of Miss Dunston in March of 1932. Appellant received from the former guardian a promissory note in the sum of $12,000 secured by deed of trust upon the real property involved in this litigation.

Respondent resided with the appellant from 1932 until he joined the Navy in August, 1937. In 1935 the guardian acquired the real property involved in this litigation as a result of a compromise agreement with the payors of the promissory note, which said property had secured.

It is stated in appellant’s petition (as guardian) for authority to enter into a compromise and adjustment of said promissory note, that petitioner (appellant herein) “is in[113]formed that a recent appraisal of said property was made by appraisers of the Home Owners Loan Corporation and a value of $19,500 was placed thereon.”

The respondent joined the United States Navy in August, 1937, and remained in service until April, 1939, at which time he received a medical discharge. During this period of time the appellant continued to draw the sum of $50 per month for the support and maintenance of respondent. Upon leaving the Navy, respondent took up his residence with his mother and remained with her until October 25, 1939.

About October 8, 1939, respondent informed his mother that he desired to get married and needed some money. A loan on the guardianship property was suggested which was later consummated and $1,000 obtained. It was in connection with this transaction that the deed from the son to the mother was executed which is the basis of the within action.