INCHES v. BUTCHER

No. 7889.

104 N.W.2d 556 (1960)

James T. INCHES, Plaintiff and Respondent, v. Bessie BUTCHER and Donald T. Butcher, Defendants and Appellants.

Supreme Court of North Dakota.

August 5, 1960.


Attorney(s) appearing for the Case

Lee F. Brooks, Harold A Halgrimson, and C. J. Serkland, Fargo, for plaintiff and respondent.

Nilles, Oehlert & Nilles, Fargo, for defendants and appellants.


STRUTZ, Judge.

This is an action to cancel a deed given by the plaintiff to the defendants and to the plaintiff's mother, as joint tenants, and to quiet title to the premises described in the deed in the plaintiff. As grounds for such cancellation, the plaintiff alleged a failure of consideration and further alleged that he was induced to execute such deed by fraud, threats, undue influence, and duress exerted by the defendants upon the plaintiff.

The trial...

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