Marshall v. Bailey

The opinion of the court was delivered by

Fatzer, J.:

This was an action to cancel a warranty deed; for an accounting between the parties, and for possession of certain personal property. Trial was by the district court which found generally for the plaintiff, and the defendant has appealed.

The plaintiff is a widower over 65 years of age; the defendant is a married woman in her late twenties, and both reside in Topeka.

Plaintiff’s petition was in three causes of action. The first was to set aside a deed to real estate located at 1434 Randolph, Topeka, which plaintiff conveyed to defendant as…