Lanhardt v. Souder
Lanhardt v. Souder
Opinion of the Court
delivered the opinion of the Court:
Upon what the plaintiff bases his contention that the deed to John Lanhardt shows on its face that it was made in consideration of future illicit intercourse between said George and said Margreth, we are unable to discover, since for aught that appears in the deed Margreth was then the lawful wife of the grantor George. Such a deed for the benefit of a wife and children are by no means uncommon, and we find nothing to except this deed from the general rule. In other words, on its face it is entirely unobjectionable and valid. The plaintiff further insists, however, that even if the deed be regarded as valid on its face, the evidence tended to prove that future criminal intercourse formed a part, at least? of its consideration and rendered it void. The deed being unobjectionable on its face, the evidence must show, to sustain plaintiff’s contention that future criminal intercourse formed a part of the consideration, that there was a mutual understanding to this effect between the said George and Margreth. Bibb v. Allen, 149 U.
Nor is there any merit in the contention that the deed is void because of the alleged indefinite description of those who are to taire under it. The grant was to John Lanhardt in trust for the use “of the said Margreth Lanhardt and her children by the said George begotten.” Margreth joined in the deed, and, if any doubt existed as to her identity, that doubt would have been removed by the certificate of acknowledgment (which may be resorted to in such cases, Blomberg v. Montgomery, 69 Minn. 149, 72 N. W. 56), the admitted fact that she was then living with said George as his wife, and that the defendant was one of the two children already born to them. Under the
Tiie judgment must be affirmed, with costs. Affirmed.
Reference
- Full Case Name
- LANHARDT v. SOUDER
- Status
- Published
- Syllabus
- Deeds; Consideration; Evidence; Illegitimates; Beneficiaries. 1. A deed of trust in which the beneficiaries are described as the grantor’s “wife and her children by him begotten” does not show on its face that its consideration was illicit intercourse so as to render it void, where, although she was not his lawful wife, such fact is not indicated by the deed, and the circumstances tend to show that she believed. ' herself to be his wife. 2. Evidence is insufficient to establish that a deed unobjectionable on its. face was executed in consideration of illicit intercourse, unless it-shows that there was a mutual understanding to that effect between the parties. 3. A deed made by a father for the benefit of his illegitimate children is based upon good and supporting consideration. 4. A deed of trust executed by persons who have been living together’ as husband and wife and have children, and designating the beneficiaries as the “wife,” naming her, and her children begotten by him, is not rendered indefinite as to beneficiaries by reason of the facts that she was not his lawful wife, and that the husband had a lawful wife living who had borne him a child.