Brady v. Fuller
Supreme Court of Kansas
Error from Doniphan district court; William I. Stuart, judge. STATEMENT. This is a suit to set aside certain deeds executed by Sarah E. Brady in her lifetime, and also for a partition of the property among her heirs. She died in February, 1906, leaving the plaintiff, Martha A. Fuller, and her other children, named as defendants, as her only heirs.
Read the full summary
Error from Doniphan district court; William I. Stuart, judge. STATEMENT. This is a suit to set aside certain deeds executed by Sarah E. Brady in her lifetime, and also for a partition of the property among her heirs. She died in February, 1906, leaving the plaintiff, Martha A. Fuller, and her other children, named as defendants, as her only heirs. On October 15, 1901, she executed the following deed to her daughter Margaret L. Brady: “This deed, made and entered into this 15th day of October, 1901, by and between Sarah E. Brady (a single woman), of Buchanan county, Missouri,'party of the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
The disposition of this case depends mainly upon the construction of the first instrument, which in terms grants and conveys the land to Margaret L. Brady. The character and validity of the instrument were determined by its recitals, as the trial court, without inquiry as to the competency of the grantor to convey or whether the conveyance had been procured by undue influence, held that the deed was void on its face. This ruling was based on the view that the instrument was testamentary in character, and that, as it had not been…
2Cases cited7 opinions
- Nolan v. OtneySupreme Court of Kansas · 1907
- Durand v. HigginsSupreme Court of Kansas · 1903
- Love v. BlauwSupreme Court of Kansas · 1900
- Reed v. HazletonSupreme Court of Kansas · 1887
- Hazleton v. ReedSupreme Court of Kansas · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wright v. JenksSupreme Court of Kansas · 1927
- Newell v. McMillanSupreme Court of Kansas · 1934
- Totten v. Pocahontas Coal & Coke Co.West Virginia Supreme Court · 1910
- Deckenbach v. DeckenbachOregon Supreme Court · 1913
- Kirby v. BroaddusSupreme Court of Kansas · 1915
14 more not listed; retrieve them via the Exa API.