Magee v. Brennman

Holding

The court held that a mortgage executed by a client to his attorney is presumed to be the product of undue influence and that the burden rests squarely upon the attorney, or his assignee, to prove the transaction was fair, voluntary, and for a reasonable consideration. The trial court’s findings that the note and mortgage were executed without consideration, under undue influence, and for an unconscionable fee were amply supported by the evidence.