John  Lee
vs
Phebe  Ann  McGinnis
&  Barney  McGinnis

Shelby Circuit Court 

Box 115

Complaint Demand to set aside Deed of
Conveyance & to Quiet Title
Filed April 24, 1871     J. G. Wolf Clerk


State of Indiana In The Shelby Circuit Court
Shelby County October Term 1871

            John Lee  Plaintiff Complains and says that heretofore towit, on the 11th day of August 1869 and for more than twenty years immediately preceding that time he was and during all that time had been laboring under a physical derangement and bodily disease and affliction which caused him to have firs at intervals of from two weeks to one month apart, which affliction and bodily disease greatly injured and impaired his bodily health and strength, and greatly impairs and impaired his mental powers and so injured his mind that at and for a week or five days after he would have an attack of such fits that his mind and memory would thereby be deranged and impaired so that he was thereby rendered of unsound mind during such periods of time so that he was incapable of understanding the ordinary business instructions of life and incapable of making or understanding or entering into any contract whatever with any person or persons whatsoever and the plaintiff says that on the 11th day of August 1871 and while he was unsound in his mind the reason of his affliction by fits had and suffered by him five days before that time and while his mind and mental condition was such that he did not and could not understand or comprehend the ordinary business transactions of life and while he was by reason of such unsoundness and uncomprehendness of mind and mental condition wholly incapable of entering into any contract or executing any deed of conveyance whatever the defendants procured a certain deed of conveyance to be written purporting to convey by the plaintiff to the defendants  Phebe McGinnis  the following Real estate situated in Shelby County and the State of Indiana towit Lots of numbered Thirty one (31) thirty Two (32) thirty three (33) and thirty four (34) in Englers Addition to the Town of Marietta of which Lots the plaintiff was then and there the owner in fee simple and procured the Plaintiffs name to be signed to such said deed and the plaintiff to make his mark thereto as and for his signature to said deeds and then and there and while the plaintiff was of unsound mind as above stated importuned the plaintiff to go before K.M. Hord a Notary Public of Shelby County Indiana and to state to said Notary Public that he acknowledged the pretended execution of said deed to which acknowledgement said Notary Public then and there certified and then and there and while the Plaintiff was of unsound mind as aforesaid caused the plaintiff to mark as delivering of said deed to the defendant Phebe McGinnis which pretended deed is in the following words and figures towit.
            This Indenture Witnesseth that I John Lee of the County of Shelby and State of Indiana convey and warrant to my daughter Phebe Ann McGinnis of the County of Shelby and State of Indiana in pursuant to as request of my wife now deceased for love and affection and one dollar in hand paid the following described Real Estate in Shelby County and State of Indiana towit.
            Lot Number thirty one and Thirty two and Thirty three and thirty four (31,32,33,34) in Englers Addition to the town of Marietta in Shelby County and State of Indiana reserving to myself control and profits and benefits of said property to me the same as a home, garden for any purpose I may think fit and proper during my natural life.
            In Witness whereof the said John Lee has herewith set his hand & seal this 11th day of August 1869.
John Lee    his  X  mark   (SEAL)      
Attest :    Henry Farley
J. Harrison


~ ~ ~ ~ ~ ~ ~ ~

State of Indiana
Shelby County SS

            Before me K.M. Hord a Notary Public in and for Shelby County and State of Indiana, the 11th day of August A.D. 1869 John Lee the within grantor who acknowledged the execution of the annexed deed for the purposes therein named.
            Witness my hand and Notarial Seal this August 11th 1869
K. M. Hord      Notary Public     (LS)                

Which pretended deed was afterwards by the defendants filed for Record and Recorded in the Recorders office of said County in said Record Book 2 in page 274 and the plaintiff says that said defendant Phebe Ann McGinnis is his daughter of the plaintiff and the said Barney McGinnis is her husband and that no valuable consideration was ever received by him for said conveyance of said lands that at the time he signed said pretended deed said Real Estate was at the value of $1000.00 and still is worth that sum of money and that he is still in equity and in fact the owner of said lands in fee. He shows to the Court that the defendant Phebe Ann McGinnis is claiming title under said pretended deed to said Real estate, and that the same is a claim upon the plaintiffs title hereto and by reason of the premises the plaintiff says that said deed as procured of no binding force And he prays the judgment order and decree of the Court that said deed of conveyance be set aside and held for naught and forever remove from plaintiffs title of a claim thereon and for all other proper relief And the plff says the defendants are threatening to & he believes will unless enjoined away said Real estate before the determination of this suit to some party or parties having no notice of the facts alleged in this complaint that defts are insolvent and the plff prays for an injunction or restraining order enjoining and restraining the defts from conveying said lands or any part therein to any party or parties make the final determination of this suit Pro Quid. And for further claims of action against the above named defendants Phebe McGinnis and Barney McGinnis the above named Plaintiff says that heretofore hereby on the 11” day of August 1869 he was about 67 years of age and for the 20 years last preceding that he had been then was afflicted with a certain uncurable disease which caused have to have at irregular intervals of from 2 weeks to 2 months fits or spasmodic afflictions of his body which had long before said 11th day of August 1869 had greatly weakened and diseased and enfeebled his body and mind  So as to render his mind very weak and feeble So that he did not comprehend and understand the ordinary business affairs if left by reason of his said weakness of mind and memory that defendants then and now being husband and wife with the fraudulent intent to procure the title of Lots No. 31,32, 33 & 34 in Englers Addition to the town of Marietta in Shelby county in the state of Indiana, to be conveyed to the defendant Phebe McGinnis which lots then were owned by the Plaintiff in fee simple and while the plaintiff was so impaired in his mind and intellect as then he did not understand the ordinary business transactions of life and did not understand the nature and effect of the deed hereinafter mentioned did falsely and fraudulently continually demand of him that he execute to said Phebe McGinnis a deed of conveyance conveying to her said lots after the time of the death of the plaintiffs wife being ___ months previous thereto and from the time of the death of Plffs wife continuing up to the time of the making of the deed hereinafter stated did continually persuade and importuned the Plff to make said deed and for the purpose of obtaining the execution of said deed the defendants did falsely and fraudulently represent to the Plff that the Plff could not get a home with any of his other children than the defendant Phebe she being his child and having three other children and that if he would convey said lots to the defendants Phebe McGinnis that he should have a good home with the defendants and by them supported all his life, and the Plff says that the defts knowing his weakness of mind as above stated and with the knowledge that by reason of his great weakness and feebleness of mind that he was not able to understand them said pursuances and threats and with intent thereby fraudulently to procure said title to said lands from the Plff by the execution of said deed did continually from the time of the death of the Plffs wife persuaded beg coaxed importuned and threaten the plaintiff for the purpose of getting him against his will and better judgment to make and execute said deed to the defendant Phebe McGinnis and that on the 11th day of August 1869 by reason of the defendants continual begging coaxing & persuading him so he did do and by reason of threats made by the defendants to fraudulently procure the execution he did against his will and better judgment then and that date sign and acknowledge and deliver to the defendant Phebe McGinnis a deed conveying to her said Real estate subject to the life estate therein of the Plff a copy of which deed is herewith filed and marked Exhibit “2” and made as part of this complaint which deed is recorded in the Recorders office in said County of Shelby in State of Indiana in Deed Records Book “22” in page 274 and the Plff says that at the time signed acknowledged and delivered said deed that he did not by reason of the then greatly enfeeble condition of his mind and could not by reason thereof understand the nature and effect of said deed and did not and could not then understand the ordinary business transactions of life by reason of his then weakness of his mind and that if it had not been for the undue and fraudulent threats persuasions and importunties of the defendants to procure said deed to be made to the defendant Phebe McGinnis that he would not have made said deed at all. Wherefore the Plaintiff says that by reason of the premises said deed is void and should be set aside by this Court.  That the defendants claim title under said deed and the sane is claimed upon the plaintiffs title that the defendants nor neither of them ever paid the plff any material considerations for said Lands that Plff is the owner in fact of said lands and the same is of then and that the defendants are threatening to and unless enjoined and restrained from so doing by this Court convey by deed said lands to some party or parties having no notice of the matters and things in this complaint alleged and of the weakness and unsoundness of the plaintiffs mind at his home said deed was made and of the fraud practiced on the Plaintiff by the defendants to procure said deed.  Wherefore the Plaintiff prays the judgment of the Court and the order & decree thereof that this deed be set aside and held for naught and thereby the claim in the plaintiffs title recovered and that until this cause be finally determined that the Court enjoin and restrain the defendants from conveying in any way lease lands or any interest thereon to any person or persons whatsoever and for all other and for the proper relief
John Lee By Davis & Love his Attorneys

~ ~ ~ ~ ~ ~ ~

This indenture Witnesseth that I John Lee of the County of Shelby and State of Indiana Convey and Warrant to my daughter Phebe Ann McGinnis of the County of Shelby and State of Indiana in pursuant to the request of my wife now deceased for love and affection and one dollar in hand paid the following described Real Estate in Shelby County and State of Indiana towit:
            Lot number thirty one, thirty two, thirty three and thirty four (31,32,33, & 34) in Engler’s Addition to the town of Marietta in Shelby County and state of Indiana reserving to myself the control and profits and benefits of said property to me the same as a home, garden for any purpose I may think fit and proper during my natural life,
            In Witness whereof the said John Lee has hereunto set his hand & seal this 11” day of August 1869
John Lee   his  X  mark        
Attest    Henry Farley     John J. Harrison


State of Indiana
Shelby County
            Before me K. M. Hord Notary Public in and for Shelby county and State of Indiana the 11th day of August A.D. 1869 John Lee the within grantor who acknowledged the execution of the annexed deed for the purposes therein named.
            Witness my hand and Notarial Seal this August 11th 1869
                                            K.M. Hord     Notary     Public (LS)


Transcribed by Barb Huff

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