Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-01-28
;,nce of one-half of said property to he,
as aforesaid''

ance of onehalf of said property to her
as aforesaid"
Tie re:;pnnae, in her complaint al
leee~, Ia effect, that on the 1st day Of Aug
ust, 1892, she was the owner of the prop
erty therein described, consisting of red
and personal property; that on said date
she was sick in body and mind and was
in condition of both physical ana mental
Geran gement-was not coLtpOs n3ehtis
and had not the capacity to manage her
said property or transact business. con
corning the same, and was mentally in
capacitated to make and execute or COM
prehend the meaning of said trust Deed;
that the appellant we'll knowing tie
premises and being fully advised CON
corning her physical and mental condi-
tinn aud her inability to care for said
property and well knowing that sha did
not understand OF comprehend and had
not the mental capacity to execute the
said instrument, falsely and fradulently
and without consideration, and with in
tent and for the purpose to cheat and de-
fraud her ont of said property, and with
Il false and iriJule1t intent and purpo>a
10 acquire the iegai title thereto, aid She
power To manage and disp, sc ofthe same,
falsely and trdduientiy did cause and
procure her to make, CNecI;tr and deliver
said trust deed ami conveyance for the
purposes mentioned and upon Tie false
and pretended claim of The apprlia;
Howell oh gcd upon the looks Of Rob-
Irson, Church and Company for an
anount not to exceed S4.o0o.Gu aud caused
and procured tie respondent ly such
deed. falsely, fra !uiently and Knowingly
to appoint said Howell 10 have charge Of
said property aud manage. work, sell
and lease ihe -;lii.e or any part thereof. as
he might leem best and apply the pro-
ceedS arising from such property il pay
lnent of expenses ana the alleged IN
debtedness to Howell; anI when said
Howell should be paid and all other
payments provided for in said iuStru-
ment should be- made. to convey the said
property or the portion thereof remain
ing, one-half to the re- ponuent and one
half to James \. +. u. Church. Ii is fur
Their alleged that the appellants are pro-
ceeding to execute the terms of said
fraudulent Instrument; that they have
| taken possession and are now in possess
sion and control of said property under
| said instrument and have advertised it
| for sac at public auction, etc The deed
of trust is annexed to the complaint and
made a part of the same.
| After the reversal of the judgment on
| ha for .. L..
what is called a supplemental complaint
in which she alleges: THE said James
\. Church and F.. p. Church mentioned
in the complaint in said action, to-wit
on the 18th day of January, 1896, conveyed
all their and each of their right, title and
interest of, IN and to the property des-
cribed i'll the trust deed set forth in sale
complaint to the said defendant Eugen.
Howell and by reason of said convey
ance the said James \. and +. d. Church
have no longer any interest in Thu
action 1t is further alleged therein
that the appellate Howell commenced a,
action against the Churches, on the 2nt
day of May. 1882 in the District Court o
this State, to recover q Judgment againS
:.
dollars mentioned in said trust deed a
being due and owing to him and there
after recovered a Judgment for tina
amount. The appellants, by their join
answer, denied that the respondent wa
the sole owner of the property describe,
in the complaint but admitted and allege,
that she was the joint owner of said prop
erty with the Churches; they furthe
specifically denied the physical sickness
l OF the respondent and the mental inca
pacity to manage her property or to tran
sact business concerning 1.-THE same at til
time of the execution of the said erus
deed and that she was mentally incapac
tated to make, execute and comprehen
the meaning of said trust deed at th
: time she executed the same. They fu1
Their specifically deny all the materi;
allegations of the respondents complain
and allege affirmitively that after sal
= trust deed was prepared in all it's detail
she took time to consider the same befoI
: its execution; that the agreement upo
II which said trust deed was based was
all respects fair and honest and tor IL
l. best interest of all parties named therei
n was founded upon q valuable CO..
l. s,deration; that they had in all respec
u carried out the provisions of said deed
u just, fair and honest and honorab
IL manner; that Howell had endeavored
le sell said property or portion thereof f
q the purpose Of fairly carrying out Il
"a provisions of said instrument and Ii:
Al endeavored to obtain the best possib
u price for said property and had nev
- offered said property for sale for an j
10 adequate price; that the claim Of How.
~ charged upon the books of Robinso
u Church and Company was good, val
III and honest claim for services render
~ by him; that the respondent at the tir
70 said trust deed was made and execut
III we'll knew that said claim was fair al
ne just and that the Churches were the joi
49, owners of said property with the respo
us dent. that the property needed consta
care of some one to see that it was I
IN wasted or deStrOyed. that tho aase