Johnson v. Kiser

In this chancery suit for rescission of a deed, we consider whether the grantee breached a material covenant which formed the considera*795tion for the conveyance. The inquiry is whether the evidence on behalf of Harold Donald Johnson, the plaintiff below, was sufficient to establish that defendant Lonnie D. Kiser, the grantee, failed to support and maintain grantor Hallie L. Kiser, Johnson’s aunt, after delivery of the deed.

From 1963 to April 1971, the Kisers lived together in a common law marriage in Statesville, North Carolina, having moved there from Dickenson County, Virginia. By deed dated…