Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30

huence practised and exerted as afore-
| said.
1t appears from the peadings that
| there are three grounds upon which
they ask to have this deed cancelled.
| one Is that undue influence was used
| by the defendant in which Cora Bird
sail was Induced to sign the deed An
other Is that there was no considera-
| ton, and the other is that she was in
sane and Incompetent TO make the
ded at the time the deed was executed
| There was no demurrer hled setting
| up that two or more causes OF ac-
ton We're improperly united There
| fore | shall take the complaint as it
stands and consider it,
ABOUT UNDUE INFLUENCE.
shall consider first the question Of
| undue influence There was not one
word OF testimony that can ind I'm
| this record that even intimates that
| Mr. Leavitt himself ever used any IN
| fuence whatever with Cora Brdsall
to get her to sign the deed The con-
! tention, however Is that the Elders
| Of the Mormon Church who were
| called in to see Cora when she was
| sick used an undue influence over her
| TO get her to abide by the decision.
| The witness Elsie NJ Taylor testified
| that she herself went after the Elders
| that they came and administered To
| Cora and that afterwards she was
| somewhat better, She and her Father.
| who is the legal representative OF Cora
| BrdSall at this time, ana her mother,
| testified that In their judgment Cora
| was insane and didn't know what she
was doing at the time the deed was
| signed, As against that testimony
| there is the testimony Of Mr. Bean,
| Bishop Coons, Juo W. Coons Simon
Christensen, and S, c. Clark Of Rich
tcld. Utah, who visited Cora on the
| day the deed was signed and who con-
| Vcrsed with her about H. and from
| their testimony it appears that the
| thing that most troubled her was that
| she could not get back into the Church
| without going to the Twelve Apostles,
and II seemed to be her greatest anN-
| iety 90 comply with the decision Of the
| Church courts and deed to Mr. Leavtt
| the land. but az she understood that
| she could not do 1t without going To the
Twelve Apostles she consulted with
| these men i'm regard to II. They sim
ply pointed out to her that II was not
necessary for her 10 see the Twelve
Apostles, but that she could comply
With the decision If she so desired
without going to them ana when IL
was made plain that she could do that,
she seemed willing to deed the land
and II seems to me from an the eW-
dence In this case that If Cora Birdsall
had been left to herself to do as she
pleased she would have decided the land
i'm question to defendant long before
she did but It appears that II there
was any influence used with her what
ever IN this case it was used by her
parents 10 prevent her from deciding
tie land. Neither is there any
testimony in this case TO show that the
VISIT OF THE ELDERS,
Elders who visited her the day the
deed was signed used any influence
whatever to yet her to sign the deed
Whatever they did was I'm a way to as
sist her In carrying out her own de-
sires, and the only way that the court
could possibly hold in this case that
Undue influence was used would be TO
hold that by reason Of the Church
courts dealing with the case 1t was un-
due influence per So, Therefore II ~
were held by this court, 10 be undue in
luence per se II simply means that any
compliance by parties 10 requirements
made upon them by any organization
order or church would be nun and
void aud 81 parties who belong TO Or
ders organizations and churches arr
not compel I'd to obey any discipline Of
the respective Organizatons-it Is d
matter Of option with them--and II they
do SO they do it voluntarily unless the
order organization or church by It's Of
iiCers uses some undue influence with
parties against their will to comply
with any requirement Of such order or
organization, which was not done IN
this case, All churches orders ana
fraternal organizations have a right 10
discipline their members and when any
member Of said order or church organ,
izatiOn does any act that is unbecOm-
ing and against the regulation and by
laws OF their order or church they
have "a right to handle such person so
far az their fellowship In such order
or church is concerned The members,
however, are under no legal obligations
to obey such regulation or DECISION Of
their respective orders or church or
ganizat,ns. ana IL they do 80 volun-
tarily, the fact that they did II by rea-
son Of such adjudication of such order
could not | take It, be considered un-
due Influence per Sc, and If the plain
TINS theory IN this case should prevail
I'm this state under the testimony as
It Stands It would mean that many
transactions that have been made In
llllN SlslNt NbNll ~ lNll anu lplA
and there would be no end to
litigation over such matters There Is
no contention by the plaintiffs in this
case that Mir. Leavitt himself took any
part IN influencing Miss Blrdsall, Their
contention IS that the Mormon"
Church by reason OF It's entertaining
this case In It's church courts acted az
the agents Of Mr.. Leavitt and by reason
Of It's decision. which was against her.
compelled her to comply and therefore
Il was the same as Il Mr.. Leavitt had
done Il himself But as the evidence
shows that II used no persuasion as
before stated, that contention cannot
be sustained
AS TO INSANITY,
As 10 the question Of insanity. the
burden Of proof is TO the effect that
when she signed tho deed she knew
what she was doing. She talked over
the consideration. which was to be 500.
However, according to the testimony
that has been introduced IN this case,
that 500 was not all OF tho considera-
ton. MIR LeaYitt's FIRST claim was
more than 70 acres of land and II
appears that a concession was made on
his part Some Improvements were
made and such like and to some extent
must Aaye been recognized at least hy
Mr., Birdsall, the legal representative
Of Cora. and the testimony Of Nirginius
Bean, who had been a schoolmate with