This section contains the nature of the case and procedural background.

Fisher Sr. conveyed by warranty deed certain property to his daughter who was incompetent. The deed stated that she was to get the land and that Sr. would pay off the mortgage on the property. The deed was given over to his daughter for one dollar and was held by her brother for safe-keeping. After Sr.'s death, the property was foreclosed upon and used to settle a $3,000 mortgage. Fischer (P) sued, and the verdict went to P. D appealed

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