Gerard v. Costin

The opinion of the court was delivered by

Dawson, J.:

This was an action to set aside a deed to certain Wichita property on the ground that it had been obtained through fraud of defendant grantee practiced on plaintiff grantor, a man of 78 years. The principal fraud alleged was defendant’s promise to marry the plaintiff without any intention of doing so, whereby he was induced to convey the property to her.

Defendant’s answer contained a general denial, a denial that she ever promised to marry plaintiff, and she alleged that at all times since August 8, 1914 and prior to February 11, 1916 she…