Heitman

This action was brought by plaintiff, as administrator of the estate of his deceased wife, to set aside a deed made by her in her lifetime to defendants.

The complaint is in two counts. It is alleged in the first that the deed was procured by the undue influence of defendants, that there was no consideration therefor, and that it lacked delivery. The second count alleged that the grantor at the time of the execution of the deed was of unsound mind, and that there was no consideration and no delivery. The answer denied these allegations, and set forth a cross-complaint praying that defendants’ title to the land be quieted against plaintiff.

The case was tried with an advisory jury. Special issues were submitted upon the questions of undue influence, .unsoundness of mind, and delivery. The jury found against the defendants on all of these issues. The trial court, however, adopted only the finding that the deed in question had never been delivered. It further found that no consideration was paid by defendants, or any of them, for the property, and that its value was in excess of the sum of twenty thousand dollars, and that the deed made by the grantor was null and void. Judgment…