Harper v. Harper
Court of Appeals of Kentucky
Case 23 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 'The facts alleged in the petition, and proved, make out a case of actual fraud. (Pomeroy’s Equity Jurisprudence, vol. 2, p. 356, sec. 875.) A conveyance executed under such circumstances as appear in this case will be set aside at the instance of the grantor.
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Case 23 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 'The facts alleged in the petition, and proved, make out a case of actual fraud. (Pomeroy’s Equity Jurisprudence, vol. 2, p. 356, sec. 875.) A conveyance executed under such circumstances as appear in this case will be set aside at the instance of the grantor. (James v. Lang-■den, 7 B. M., 193; Thomas v. Thomas, 1 Litt., 64; Macher v. McDowell, 4 Bibb, 473; Lemaster v. Burckhardt, 2 Bibb, 25; Taylor v. Bradshaw, 6 Mon., 150; "Watson v. Strieker, 5 Dana, 581; Pomeroy’s Equity, vol. 2, secs. 884, 885, 886, 887, 888, and 962, and…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
When the conveyances now in question were executed, the appellant, Harriet Harper, was a widow, and seventy-three years of age. She then had three living •children, two of whom resided in distant States, while her son, the appellee, Charles Harper, who was then *162thirty-five- years old, lived near her, and in whom at that time she appears to have had implicit confidence. She was the owner of three houses and lots in the city of Louisville. On February 21, 1881, she had her vendor convey one of them, subject to a life estate in her, to Sallie Harper,…
2Cases cited5 opinions
- Boyd v. . De La MontagnieNew York Court of Appeals · 1878
- Freelove v. ColeNew York Supreme Court · 1863
- Barnes v. BrownMichigan Supreme Court · 1875
- Anderson's Adm'r v. MeridethCourt of Appeals of Kentucky · 1885
- O'Conner v. WardMississippi Supreme Court · 1883
3Cited by23 opinions
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Rozell v. VansyckleWashington Supreme Court · 1895
- Wantulok v. WantulokWyoming Supreme Court · 1950
- Hoff v. HoffSupreme Court of Kansas · 1920
- Anderson v. NelsonCalifornia Court of Appeal · 1927
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