McBrayer v. Smith

HARWOOD, Justice.

For and in consideration of support and care during her life, Victoria Smith, then about 81 years of age, and the complainant below, did convey to the respondents, Otis W. McBrayer and Lucille McBrayer, her house and lot in Albertville, Alabama. Otis McBrayer is a great nephew of Victoria Smith, and the McBrayers had been living with Mrs. Smith for some time prior to the conveyance.

The arrangement soured soon after the execution of the deed.

In August 1962, Victoria Smith filed a bill seeking cancellation of the deed, under Section 15, Title 20, Code of Alabama 1940, which…