¶8 Plaintiff grabbed the positioning that the conveyances out of Lena to R.D. Payne to keep to your at farm and you may works and you will do an identical.
¶nine Early in the newest trial the fresh new demo the brand new parties specified you to into the lifetime of your marriage R.D. Payne handled and you can operate this new farm functions owned by Lena and spanish dating sites you will/or himself and eg attributes received zero typical payment as a salaried worker out of Lena.
¶ten Defendants earliest delivered their testimony in support of their assertion your conveyances away from Lena to R.D.
Payne was basically throughout the characteristics of gifts so you can Payne. Ennid Ferguson and her one or two girl along testified one to on the at the least two era, in 1951 otherwise 1952 and in 1953, Roentgen.D. Payne stated in the clear presence of Lena you to definitely “Lena got considering him half the lady home;” that “Lena provided me with half the latest farm.” It mentioned as well as you to definitely Lena “didn’t make any feedback” whenever Roentgen. Brand new accused Lee Payne testified you to definitely when you look at the 1953, as he is actually working on this new ranch, Roentgen.D. Payne produced in the presence of Lena one to “Lena got render your 1 / 2 of the ranch, deeded him 50 % of the brand new homes,” you to Lena told you “she consider she got focus on it long enough, she’d let him get that and then he might take care and attention of it hisself.” Lee Payne after that testified one on the 1950s Lena “was in bad fitness,” your operation of one’s ranch is actually fairly big with a large amount of responsibility to own a woman by herself, and therefore “Most of the I am aware is the fact she just deeded your half of the new ranch, half of this new residential property.”¶eleven The brand new testimony inside the behalf away from plaintiff consisted of that offered because of the plaintiff themselves, the new testimony of James H. Ivy (one of the attorneys for plaintiff), and a e out-of Henderson.
¶several The new attorneys Ivy affirmed that he waiting the fresh deed off January 20, 1950, which Lena, inserted because of the Roentgen.D. Payne, expressed so you’re able to Roentgen.D. Payne a-one-half interest in around 2000 acres from belongings. D. Payne was in fact establish on dialogue preceding the newest planning and you will finalizing of one’s action; which they talked about “exactly what belongings was going to be concerned;” you to Roentgen.D. Payne “is actually insistent through to the process” and this R.D. Payne told you “the guy wasn’t likely to sit around and take proper care of one farm for just an excellent Cadillac automobile and you may a tiny using money,” and have “I’m not probably stand here, I will log off basically are unable to receive any more aside from it than just you to definitely.”
¶thirteen Plaintiff testified one to regarding the exposure out-of Roentgen.D. Payne their mommy (Lena) reported that Roentgen.D. Payne “informed her that he was not going to stay around and you may works and perform the girl business, do their farm and see you to definitely their cattle was in fact taken care out-of without having any shell out apart from a living; which he will have to possess some home while the compensation getting his works, percentage having their works,” and therefore R.D. Payne told you “thats right.” Plaintiff testified you to Lena is actually seven age avove the age of R.D. Payne and this “she was in crappy fitness each one of these years.”
¶fourteen This new Hendersons testified that when you look at the August, 1964 (once death of R.D. Payne) Lena told her or him she had deeded certain home to Roentgen.D. Payne while the the guy believed he had been not receiving things having his works, was not providing reasonable treatment, hence she deeded brand new house to Roentgen.D. Payne to possess their properties once the farm director.
¶sixteen The trial legal discovered and you can finished, on top of other things, that conveyances off Lena to R.D. Payne most of the recited an important attention and you can, actually, have been made down to an agreement anywhere between Lena and Payne you to definitely Payne perform create and take proper care of this new farm to own Lena, and therefore Payne did suppose and you will do the farm properties until the full time off his death.
