Andrews v. Raymond — 2 Thomp. & Cook 661

Majority

p. 661

Andrews, appellant, v. Raymond.

Headnote

fraudulent deed — undue influence — evidence.

In an action to set aside a deed, upon the ground of fraud and undue influence, it was shown that the person procuring the deed had strenuously urged the one making it, who was a married woman and of a low grade of intelligence, to do so without consulting her husband or relations. Held, that while this was a suspicious circumstance, mere suspicion of Undue influence was not enough; it must be proved.

J. J. Duddleston, Jr., and Amos II. Prescott, for appellant.

S. 8. Morgan, for respondent.

Appeal from a judgment entered upon the report of a referee. Judgment affirmed, upon the ground that there being a conflict of testimony, it was for the referee to determine which statements were to be believed. Nothing is contained in the opinion important for publication.

Judgment affirmed.