Апрель 5th, 2023 
admin ¶8 Plaintiff got the career your conveyances of Lena in order to R.D. Payne to remain to your at the farm and you may really works and you may carry out a comparable.
¶9 At the beginning of new trial the newest demo the fresh new activities specified you to definitely within the lifetime of your relationship R.D. Payne addressed and run the newest ranch qualities belonging to Lena and you may/otherwise themselves and for such characteristics acquired no typical compensation as the an excellent salaried worker out of Lena.
D. Payne produced that it declaration
¶ten Defendants first put its testimony in support of their assertion the conveyances off Lena so you’re able to R.D. Payne was in fact about character of merchandise so you’re able to Payne. Ennid Ferguson and her one or two girl together testified that for the during the minimum a couple instances, into the 1951 or 1952 and in 1953, Roentgen.D. Payne stated in the clear presence of Lena you to «Lena had considering him half the girl property;» one «Lena provided me with 50 % of the latest ranch.» It mentioned together with one Lena «did not make any feedback» when R. The brand new accused Lee Payne affirmed one in 1953, as he are concentrating on the brand new farm, R.D. Payne produced in the existence of Lena one to «Lena had promote your 50 % of the fresh farm, deeded him half the fresh new house,» you to definitely Lena told you «she believe she got work on it long enough, she’d assist him have that in which he could take worry from it hisself.» Lee Payne next testified you to regarding the 1950s Lena «was a student in crappy health,» that operation of your farm try very huge which have a good countless obligations for a female herself, and that «Every I am aware is the fact she only deeded him 1 / 2 of the newest farm, 50 % of new womens dating apps house.»
Brand new witness testified you to definitely each other Lena and R
¶eleven New testimony in the part away from plaintiff contains one provided by the plaintiff themselves, the brand new testimony out of James H. Ivy (among attorneys to possess plaintiff), and good elizabeth away from Henderson.
¶twelve The brand new attorney Ivy testified which he wishing the new deed of January 20, 1950, where Lena, registered of the Roentgen.D. Payne, shown so you can R.D. Payne a single-half of demand for up to 2000 acres away from land. D. Payne was basically present from the discussion preceding the fresh new preparation and you will finalizing of action; which they chatted about «what home was going to be involved;» you to definitely Roentgen.D. Payne «is adamant abreast of the process» and this R.D. Payne said «the guy was not browsing stay available or take care of you to definitely farm for just an excellent Cadillac car and you can a little spending money,» and just have «I am not gonna remain here, I’m going to exit easily can not receive any significantly more away from it than simply you to definitely.»
¶13 Plaintiff testified you to on presence off R.D. Payne their mother (Lena) stated that Roentgen.D. Payne «informed her that he was not going to stand available to you and you can functions and you will do their organization, carry out this lady farm and view one to their cows were dealt out of without the pay aside from a living; which he would need to have some house because payment having his performs, payment getting their really works,» hence R.D. Payne told you «thats right.» Plaintiff affirmed that Lena is actually eight ages avove the age of R.D. Payne and this «she was a student in bad fitness each one of these decades.»
¶fourteen The fresh Hendersons affirmed that for the August, 1964 (just after loss of Roentgen.D. Payne) Lena advised them she had deeded certain land so you’re able to Roentgen.D. Payne while the he felt he had been not receiving one thing to own their really works, wasn’t taking fair medication, hence she deeded the brand new property in order to R.D. Payne to possess his characteristics once the ranch manager.
¶sixteen The newest demonstration court found and you can finished, on top of other things, your conveyances of Lena so you can R.D. Payne most of the recited an important consideration and you can, in fact, have been made down to a binding agreement ranging from Lena and you can Payne one to Payne manage manage and take proper care of new ranch to own Lena, and that Payne did suppose and you will perform new farm characteristics until committed from their dying.
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