Withers v. WITHERS

Opinion by

Mr. Justice Allen M. Stearne,

The single question raised by this appeal is whether the evidence supported the finding of a chancellor that defendant had secured title by deed to real estate through undue influence exerted upon plaintiff. Annie H. Withers (plaintiff), a widow in her eightieth year, executed and delivered a deed for real estate valued at $7000 (one of two pieces which she owned) to Cloyd Withers (defendant), a nephew of her deceased husband. The named consideration was one dollar. The deed was dated March 1, 1948. On April 16, 1948, Mrs. Withers, plaintiff, instituted…