Lawrence v. Guaranty Investment Co.
Supreme Court of Kansas
Error from Atchison District Court. Action by plaintiffs to cancel and set aside certain conveyances the execution of which was alleged to have been obtained through fraud and deceit practiced upon plaintiffs. At a trial without a jury, the following conclusions of fact and of law were made and returned. “CONCLUSIONS OP PACT.
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Error from Atchison District Court. Action by plaintiffs to cancel and set aside certain conveyances the execution of which was alleged to have been obtained through fraud and deceit practiced upon plaintiffs. At a trial without a jury, the following conclusions of fact and of law were made and returned. “CONCLUSIONS OP PACT. “1. The plaintiffs, John B. Lawrence and Betsey B. Lawrence, are Kickapoo Indians, both ignorant, uneducated, cannot read or write, nor understand the English language only as it is communicated to them through an interpreter. The defendant Joshua Saunders is a white…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
*231 2 Equitable rule’
*230The findings and judgment of the court leave but little for our determination. Those findings which are challenged are based upon conflicting evidence, and are therefore conclusive on this court. Through the misrepresentation and fraud of third parties, the plaintiffs placed the apparent title in Josie Saunders, who put their deed — valid upon its face — upon record, and subsequently incumbered it with a mortgage. They parted with the legal title, believing the instrument which they had signed was a mortgage; and while…
Also in this document: Concurrence.
2Cases cited3 opinions
- McNeil v. JordanSupreme Court of Kansas · 1882
- State v. MatthewsSupreme Court of Kansas · 1890
- Jordan v. McNeilSupreme Court of Kansas · 1881
3Cited by8 opinions
- Marden v. . DorthyNew York Court of Appeals · 1899
- Goldberg v. ParkerSupreme Court of Connecticut · 1913
- Gray v. ZellmerSupreme Court of Kansas · 1903
- Jones v. ComerWest Virginia Supreme Court · 1941
- Winder v. . PennimanSupreme Court of North Carolina · 1921
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