Legal Opinion

Kilpatrick v. Brennan

Supreme Court of Oklahoma

Decided March 4, 1904PublishedCited by 2 opinions

Error from the District Court of Kingfisher County; before 'C. F. Invin, Trial Judge. STATEMENT OF FACTS. This action was brought by the plaintiffs in error, B. F. Kilpatrick, as administrator, and Katie Kilpatrick and Mary A. Kennedy, daughters and heirs at law of. John O’Conner, deceased. The object of the action was to set aside a deed from John O’Conner and wife to B. C. Brennan, the defendant.

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Error from the District Court of Kingfisher County; before 'C. F. Invin, Trial Judge. STATEMENT OF FACTS. This action was brought by the plaintiffs in error, B. F. Kilpatrick, as administrator, and Katie Kilpatrick and Mary A. Kennedy, daughters and heirs at law of. John O’Conner, deceased. The object of the action was to set aside a deed from John O’Conner and wife to B. C. Brennan, the defendant. The deed from O’Conner and wife to Brennan was executed on the 23rd day of November, 1896, and conveyed to Brennan the southeast quarter of section five, in township sixteen north, range six west…

1Opinion of the Court

Opinion of the court by

Pancoast, J.:

The record shows the gravamen of the action to be the fraud and deception practiced upon O’Conner and his wife when in an enfeebled condition, the wife particularly being in such mental condition that she was unable to make a contract, and the entire want of consideration in the contract.

The record fails to disclose any direct evidence whatever of any promise, act or persuasion, undue influence or deception practiced by Brennan upon either of the O’Con-ners. It might possibly be claimed that these facts were inferentially shown by the evidence. This would…

2Cases cited4 opinions

  1. Frazier v. PrinceSupreme Court of Oklahoma · 1899
  2. D. M. Osborne & Co. v. CaseSupreme Court of Oklahoma · 1902
  3. Douthitt v. Territory of OklahomaSupreme Court of Oklahoma · 1898
  4. Carmichael v. PierceSupreme Court of Oklahoma · 1900

3Cited by2 opinions

  1. Saxon v. WhiteSupreme Court of Oklahoma · 1908
  2. Miller v. SeversSupreme Court of Oklahoma · 1914

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