Elmer Kuehn v. Neva Kuehn

Suit was commenced by Elmer Kuehn by his conservator, John G. Nestingen, to recover half of the proceeds of certain government bonds, three promissory notes, a savings account, and a half interest in another promissory note from his sister-in-law, the defendant, Neva Kuehn, on the ground of undue influence. The case was tried to the court with a jury present which acted in an advisory capacity because the suit was of an equitable nature. The jury found undue influence and the court adopted the verdict and made its findings of fact and Conclusions of law consistent therewith. Judgment for the plaintiff for $27,214.70, plus cost, and a reassignment of the defendants interest in a promissory note and mortgage was accordingly entered. Thereafter the court denied the defendants motion to set aside the judgment as to one of the transactions. The defendant appealed from the judgment and the order.