Ogle v. Freeman

The opinion of the court was delivered by

Hoch, J.:

This was an action to cancel a deed on the ground that it was executed under duress. Plaintiff prevailed, and defendants appeal.

The principal question presented is whether under the facts disclosed by the evidence it must be said as a matter of law that duress was not shown.

On September 4, 1926, Benjamin Ogle married Mary A. Barnes, who was the mother of twelve grown children. They lived together for some time, and on September 17,1930, while Ogle was out of the state, she obtained a divorce from him in Gray county, Kansas. In January, 1931,…