Smith v. Snowden
Court of Appeals of Kentucky
Case 8 — PETITION EQUITY — APPEAL PROM LEE CIRCUIT COURT. 1. The appellees having used undue influence in procuring the deed from their father and mother, who were old and mentally and physically infirm, and having exerted this influence to the prejudice of their crippled sister, the conveyance should be set aside on the ground of fraud.
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Case 8 — PETITION EQUITY — APPEAL PROM LEE CIRCUIT COURT. 1. The appellees having used undue influence in procuring the deed from their father and mother, who were old and mentally and physically infirm, and having exerted this influence to the prejudice of their crippled sister, the conveyance should be set aside on the ground of fraud. (Wilson v. Oldham, 12 B. M.,58; Boyd v. De La Montagreib 73 N. Y.. 502; Sears v. Shaefer, 6 N. Y., 268.) 2. Appellant should have been allowed to file his amended petition, which prayed that appellee be made to account for personalty appropriated by him after…
1Opinion of the Court
JUDGE HAZELBIGG
delivered the opinion op the court.
In November, 1889, Lucy Snowden was tbe owner of certain tracts of land in Lee county, Kentucky, of tbe value of some six or seven thousand dollars. Her busband, James, bad recently sold some three thousand dollars’ worth of realty, a portion of tbe proceeds of which sale be still bad, together with some stock and other personalty. These old people, the husband being some seventy-odd years of age and the wife a few years younger, were living on the wife’s land. They were illiterate, ignorant and enfeebled by old age and disease, and greatly…
2Cited by31 opinions
- McDowell v. Edwards' AdministratorCourt of Appeals of Kentucky · 1913
- Hoeb v. MaschinotCourt of Appeals of Kentucky · 1910
- Herzog v. GipsonCourt of Appeals of Kentucky · 1916
- Moore's Adm'r. v. EdwardsCourt of Appeals of Kentucky (pre-1976) · 1932
- Miller v. TaylorCourt of Appeals of Kentucky · 1915
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