Gardner v. Knight
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. Richard B. Kelly. The case is clearly stated in the opinion. — 'Complainant entitled to reformation of deed. — Kelly v. Payne, 18 Ala. 371. (2). Deed was presumptively fraudulent. — Clarice v. Malpas, 31 Rear. 80; Kennedy v. Kennedy, 2 Ala. 572, Gibson v. Carson, 3 Ala. 421. (3). Motion to dismiss for want of equitv should not have been granted,'— Hooper v. 8. & M. R. R., 69 Ala. 529; Comer v. Smith, 74 Ala. 115, —…
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Appeal from Tallapoosa Chancery Court. Heard before Hon. Richard B. Kelly. The case is clearly stated in the opinion. — 'Complainant entitled to reformation of deed. — Kelly v. Payne, 18 Ala. 371. (2). Deed was presumptively fraudulent. — Clarice v. Malpas, 31 Rear. 80; Kennedy v. Kennedy, 2 Ala. 572, Gibson v. Carson, 3 Ala. 421. (3). Motion to dismiss for want of equitv should not have been granted,'— Hooper v. 8. & M. R. R., 69 Ala. 529; Comer v. Smith, 74 Ala. 115, — Motion to dismiss properly granted. — Scales v. Robinson, 75 Ala. 363; Hooper v. S. M. R. R., 69 Ala. 529. (2). Complaint…
1Opinion of the CourtMcCLELLAN, C. J.
— In 1895 W. A. Gardner owned and resided upon certain forty acres of land. He owned no other land and his personal property was of inconsiderable value. He was eighty-five years of age, nearly blind and so feeble and decrepid as to be unable to earn a sustenance or even to take proper care of his person. Lucy Knight was his daughter, and J. C. Knight was her husband. They lived nearby on eighty acres of land which W. A. Gardner had owned, but which he had the previous year conveyed to them severally, forty acres to Lucy iii consideration of love and affection, and forty to J. C. Knight upon…
2Cited by29 opinions
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