Nature of the Case
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Facts
Elliot, now deceased, brought an action for cancellation of a deed. The trial court found that Elliot was a simple elderly woman who could neither read nor write. Elliot owned an undivided 1/5 interest in minerals under a 75-acre tract of land. Russell offered to buy her interest, but she refused and agreed to sell only two of the mineral acres she owned for $3,300. Russell prepared a deed and fraudulently substituted '1/5th of the 75 acre' parcel instead of the agreed upon 'two acres.' Elliot signed the deed. Several days later Russell contacts Elliot and told her he had made a mistake in the deed and offered to pay her $15,000 for the interest conveyed. Elliot refused and wanted the remaining land deeded back to her. Russell reconveyed the rights but also conveyed a substantial portion of the same mineral rights to McClelland who later conveyed to Love, Harris, and Carpenter. Elliot remained ignorant of the McClelland conveyance until October 1973 when she wanted to sell more of her rights. Elliot sued for a cancellation of the deed. The trial court concluded that the Elliot-Russell deed that Elliot signed was a forgery and gave the verdict to P. D appealed.
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