Bailey v. Williams

Wyatt, Presiding Justice.

1. It is insisted by the plaintiffs in error that the deed should be canceled by virtue of Code § 37-710, which reads as follows: "Great inadequacy of consideration joined with great disparity of mental ability in contracting a bargain, may justify equity in setting aside a sale or other contract.” It will be noted that, before it is applicable the Code section requires great inadequacy of consideration joined with great disparity of mental ability. It follows, therefore, that both must exist. The law is well settled in this State to the effect that, in construing a…