Colyer v. Hyden
Court of Appeals of Kentucky
Case 26 — PETITION EQUITY — There was a sufficient delivery of the deeds. (Bell v. Farmers’-Bank, 11 Bush, 39; 5 Am. & Eng. Enc. of Law, p. 448, note 4.) The deeds were properly set aside. They were procured by undue influence, were never delivered, and were without consideration to uphold them.
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion op the court.
A few weeks- before Ms death, Alex. Colyer, who was quite old and decrepit, executed tMee deeds for certain lands of wMch he was the owner, in two of which the appellant, who was his grandson, was alone the designated grantee; in the other the appellant, jointly with Susannah Colyer, his step-daughter, and L. R. Colyer, a son, were the grantees named. The validity of these conveyances was assailed by the other children of the deceased — the appellees here— *181by reason of the mental inability of the grantor, the exercise of undue influence over…
2Cases cited2 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Fonda v. Van HorneNew York Supreme Court · 1836
3Cited by5 opinions
- Dunbar v. MeadowsCourt of Appeals of Kentucky · 1915
- Kirby v. HuletteCourt of Appeals of Kentucky · 1917
- Justice v. PetersCourt of Appeals of Kentucky · 1916
- Sasseen v. FarmerCourt of Appeals of Kentucky · 1918
- Mason's Guardian v. SoaperCourt of Appeals of Kentucky (pre-1976) · 1930