Galbraith v. McKenney

Alice McKenney, as plaintiff, sought to cancel an instrument in the form of a warranty deed which purported to convey the fee-simple title to certain real estate to her son, the defendant, Galbraith. Record title to the land was in her husband prior to the deed in question. Her theory is that she and her husband executed the questioned instrument in blank form with the understanding that the same was for the purpose of conveying the land to her, but that the defendant, who prepared the deed and who occupied a position of trust and confidence with grantors, completed the instrument so as to…