JOHNSON v. JOHNSON

No. 8888.

9 Utah 2d 40 (1959)

337 P.2d 420

NARVOL A. JOHNSON AND LaFAUN J. FLEMING, AS THE GUARDIANS OF THE PERSON AND ESTATE OF ARTHUR JOHNSON, AN INCOMPETENT, PLAINTIFFS AND RESPONDENTS, v. CALVIN C. JOHNSON AND ANNA R. JOHNSON, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

March 19, 1959.


Attorney(s) appearing for the Case

Pickett & Pickett, St. George, for appellants.

Hafen & Nelson, St. George, Edward W. Clyde, Salt Lake City, for respondents.


CROCKETT, Chief Justice.

This is a suit by Narvol Johnson and LaFaun Johnson Fleming as guardians of their father, Arthur Johnson, to rescind certain instruments relating to the conveyance of the father's property to their younger brother, Calvin Johnson.

The trial court found in accordance with plaintiffs' contentions that the instruments were procured by (a) fraud and deceit, and (b) duress and undue influence practiced upon their father, and also upon the...

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