Summary
In Prescott v. Johnson, 91 Minn. 273, 97 N.W. 891, the court held that: "Undue influence," which will invalidate a gift, "must be something which destroys the free agency of the donor, and substitutes therefor the will of another.
Summary of this case from Peacock v. DuBoisOpinion
Decided June, 1893.
John W. Center and Charles R. Morrison, for the plaintiff.
Streeter, Walker Chase, for the defendant.
TRESPASS, q. cl. Verdict for the defendant. The boundary line between the parties and the location of a corner were in dispute. A witness called by the defendant was permitted to testify, subject to exception, that on a survey of the line made by him the plaintiff's brother was present and did not object to his taking the corner to be at the place where the defendant claimed it to be, and for this cause the verdict was set aside.
BLODGETT, J., did not sit.