Frazier v. Frazier

Opinion op the Court by

Judge Fulton

— Reversing.

On October 28, 1937, the appellant, James H. Frazier, a man 86 years of age, executed and delivered to his brother, the appellee, S. T. Frazier, a deed conveying property on the public square in Whitesburg consisting of a filling station and residence which a preponderance of the evidence shows to be of the value of not less than $15,000. In April, 1938, this action was filed by appellant against appellee seeking to have the deed declared to be a mortgage. The trial court denied the relief sought and dismissed the petition. This appeal is…