Miles v. Ashby

Opinion op the Court by

Judge Rees

Affirming.

On July 14,1936, A. T. Miles and S. D. Miles, owners of a 177-acre farm in Ohio county, executed and delivered to F. M. Ashby a deed conveying to him a one-half interest in the oil and gas underlying their land. On December 31, 1940, they brought this action against Ashby seeking a cancellation of the deed. As grounds for cancellation they alleged lack of consideration, mistake on part of plaintiffs in executing it, and fraud, misrepresentation and duress practiced on the plaintiffs by the defendant in its obtention. After the issues were completed a…