Smith v. Curtis-Opinion of Court. tion should be stated, suggesting various sums, $1,000, $1,500, $2,000, and finally she said well put it in $1,500, and he so drew the deed; that he read the deed over; that she seemed to understand it and expressed herself satisfied; that we then commenced to talk about the bond and agreed upon it; that witness sent Curtis to get a witness to the deed; that Harrison, a Justice of the Peace, and himself witnessed the signature of Mrs. S. to the deed, and the Justice took her acknowledgment; that immediately thereafter the bond (which was a bond of Curtis in the sum of $500 conditioned that Curtis, his heirs, executors and administrators "shall and do take, keep and maintain the said Martha J. Smith with comfortable bed and board and suitable clothing during her natural life and so long as she remains a single woman, without stint or fraud,") was read over to her, she expressed herself satisfied with it and Curtis signed it; that Harrison and witness witnessed it; that Mrs. Smith did not display any irregularity of mind. She seemed to be cool and collected, exhibiting no excitement. She has a peculiar way of shaking her head, and to some extent of the hands; that he noticed the shaking of her hands in her signing the paper; that he has noticed this. from the first time he saw her, some thirteen or fourteen years ago. After the deed was signed and we were all about through, the deed was handed to Curtis and the bond to Mrs. Smith, she remarking, "Well, you must look to Curtis for pay;" that before she came out she handed the bond to Curtis, and that he understood her to say put it with her papers in the safe at Cline's. This witness being subsequently recalled stated that he understood there was a settlement between Mrs. Smith and Mr. Curtis in his office on the 10th of August, 1878. They came to my office on that day to have the deed drawn. In discussing the consideration it was finally agreed that she owed him Smith v. Curtis-Opinion of Court. He agreed to pay either seven or eight hundred dollars. the mortgage as soon as he could find where it was, and he was to make her a bond for a life maintenance. She stated that her children had all married and gone off, and she had no one to take care of her and that she desired that he should be bound to support her. The Justice, Harrison, corroborates the statements of King. He says that Mrs. Smith signed the deed in his presence, and that he took her acknowledgment to the effect that she signed the instrument of writing for the purposes therein expressed; that he did not know it was a deed. The instrument was already written out and Captain King said it was a deed. The bond was read. Mr. Curtis signed it in the presence of Mrs. S. and I witnessed it. Captain King said this is Mrs. Smith's and this is Mr. Curtis'. The papers were lying on the table. Another witness, W. M. Duke, testifies to a conversation had with Mrs. S. in reference to this transaction. He says that Mrs. S. told himi that she was going to convey her land to Mr. Curtis and asked him who would be a suitable person to draw the deed; that he told her that almost any lawyer could draw it; that she then told him that she wanted it fixed so that he would have to give her a support. I told her that she had better get legal advice and referred her to W. M. Ives, to S. L. Niblack and C. R. King; that she told him her reasons for executing the title. She said that Mr. Curtis had done more for her than any of her children; that she said nothing about a monied consideration; that Curtis was not with her; that from the time she came to him asking his advice about making the deed, to the time when she told him she had made it, was an interval of about one week or ten days. After she executed the title, in the second conversation she expressed herself as being perfectly satisfied now. She said she now had plenty. She spoke of George's Smith v. Curtis-Opinion of Court. (her son) being away and of some other little troubles; said that he had not treated her like a son should, and she appeared to think that Lilla (her daughter) had acted very badly in marrying a man who was supposed to have a wife somewhere else. Mrs. Smith and Mr. Curtis also testified as to the circumstances immediately attending the execution of the deed. Mrs. Smith first denies that she ever executed the deed, and denied receiving a bond, or that she knew of its existence until it was shown to her by her counsel afterwards. Subsequently she admits signing the deed. Not only upon this subject, but in reference to other matters, she is positively contradicted by disinterested witnesses, and as to some of them her statements conflict. The Chancellor could have very properly disregarded her testimony in this respect as well as in all other matters where she was not sustained by facts and circumstances otherwise appearing. It would be unpleasant, and as it is unnecessary, we will not enter into any detailed statements of the manifest errors of fact to which she swears. While neither this testimony nor that embraced in the record discloses the amount of the debt due by Mrs. Smith to Curtis, if indeed any debt is clearly proved, still the agreement to provide for Mrs. S.. during her life and as long as she was a widow, which is clearly established and admitted by defendant, was a good legal consideration for the land, and there is nothing in the testimony, so far as it is to be believed as to the execution of the deed, which is not entirely consistent with the utmost good faith upon the part of each of the parties. It is insisted, however, that this transaction was the result of fraud and undue confidence of Mrs. S. and improper influence of Mr. C.. that Mrs. S. was a person of weak mind, and that there was no adequate consideration. Smith v. Curtis-Opinion of Court. We examine the testimony as to the matter of consideration. Dr. Hutchinson testifies that he offered $2,000 for the place in 1868, nothing being said in regard to the payments; that he desired to purchase it to build a hotel, "having faith in the possibility of invalids visiting Lake City, and also for the benefit of the citizens of the town." The witness, King, valued the place at $600. W. M. Duke swears that he does not think the rental value of the place would have supported Mrs. Smith and her family. He places the valuation at from $5 to $7 per acre, and says that he does not think the rental value of the place in 1868 was much. The place consists of 80 acres of land, and is about half under water. There is about 20 acres cleared land. There were two ordinary farm houses on it. It had a lake view and a spring for bathing, from which a small income of about $37 or $35 per year had been in some years realized. The spring was out of repair and in bad condition. From this testimony we certainly cannot say that the plaintiff has established such inadequacy of the consideration as would justify a court of equity in setting aside this deed. A part of the consideration here was an agreement to pay a mortgage debt of $150. Taking the highest sum named, $2,000, which was an offer by a physician for a special purpose, the income to be derived from a simple investment of this sum would not have more than sufficed to provide for the wants of Mrs. Smith, and while we do not say that this is in all cases a proper standard by which to determine the question, we still cannot say that a maintenance suitable to her station in life, for her life was not an adequate consideration for the land sold by the plaintiff, and the plaintiff here has certainly not established that it was worth more. In addition to this there is here conflict Smith v. Curtis-Opinion of Court. ing evidence upon the question whether Mrs. S. was not at the time of the execution of the deed indebted to him He swears she was, and she swears she was not. As to the allegation of imbecility and mental weakness: Dr. Wm. T. Hutchinson, her family physician for years, testifies substantially that he has known Mrs. Smith since about 1863, and that he would have known it if she had been within the last ten years so imbecile, idiotic or weakminded that she could not transact business. He says her general health was bad, and that she had a disease of a nervous character resembling palsy, but that he always looked upon her as a woman of ordinary mind, and while she was at times absent-minded he had had business transactions. with her, and that he had discerned no "deficiency in her mind." W. M. Duke, in stating her condition at about the time of the execution of the deed, says: Her health appeared as usual; that he never knew her to be demented, idiotic or imbecile that she appears to be a woman of very quick conception; that when talking she talks with sense, and her mind holds to the subject; that when talked to she gives attention; that her answers are intelligent and her habits are regular; that her capacity for transacting business is good. Mrs. Mary Howell testifies that she had known Mrs. S. for some time, and that her mind is as good apparently as any common woman's mind; that her memory was good; that she seemed to have very good judgment, and that while she, Mrs. H., would most likely have known if she had been weak-minded, that she, Mrs. H., never saw any sign of weak-mindedness about her. Mrs. Mary I. Sheppard testifies that Mrs. Smith's health was generally bad, that she, Mrs. Smith, complained of a disease in her head; that she was not crippled in any way, |