Laxton v. Laxton

Carley, Justice.

In 1986, Kenneth Laxton (Son) was involved in an automobile collision in which his passenger was injured. Shortly thereafter, Son executed a promissory note payable to Amos Laxton (Father) and secured by a deed to Son’s real property. Son had liability insurance coverage on his vehicle and, in 1987, a tort suit brought against Son by his injured passenger was settled. In 1995, Son filed suit against Father, seeking cancellation of the note and deed on the ground that there was no consideration therefor. At a jury trial, Son’s evidence showed that Father induced him into…