Smith v. Holdoway Construction Co.

* NOTE: Opinion filed at September Term, 1938, April 1, 1939; rehearings denied at May Term, 1939, May 2, 1939 and June 14, 1939. This is an action in equity to set aside a quitclaim deed from plaintiff and her husband to defendant Holdoway Construction Company. The court's decree did cancel this deed, granted other relief sought, and made certain other orders hereinafter specifically stated. Defendants, except Peter F. Smith, plaintiff's husband, and intervenor (claiming rights under a deed of trust) have appealed.

Plaintiff's petition, as amended, sought cancellation of the quitclaim deed,…