Sutton v. Gibson
Court of Appeals of Kentucky
Case 51 — Action by Susan E. Sutton, &c., Against Nannie R. Gibson and Others to Cancel a Deed. APPEAL PROM HENDERSON CIRCUIT COURT — J. W. HENSON, CIRCUIT JUDGE. Judgment por Dependants. Plaintiffs Appeal. 1. It will be sufficient for the purpose of this appeal to consider the one question as to whether the deed was ever delivered to, or accepted by, any of the grantees. 2. Our contention is that the deed was never delivered.
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Case 51 — Action by Susan E. Sutton, &c., Against Nannie R. Gibson and Others to Cancel a Deed. APPEAL PROM HENDERSON CIRCUIT COURT — J. W. HENSON, CIRCUIT JUDGE. Judgment por Dependants. Plaintiffs Appeal. 1. It will be sufficient for the purpose of this appeal to consider the one question as to whether the deed was ever delivered to, or accepted by, any of the grantees. 2. Our contention is that the deed was never delivered. The proof shows that the grantor, Gibson, put the paper in an envelope* sealed it up* gave it to the witness without telling her what it was, and told her to keep it…
1Opinion of the Court
Opinion op the court by
JUDGE O’REAR
Reversing.
Nathan A. Gibson was four times married. The last marriage was a few months before his death, and after he was seventy years old. He had but one child] appellant Susan E. Sutton, who was issue of his second marriage. The sec*424ond wife had been a widow, and had other children, Mary E. Sutton being one of them. Shortly before his last marriage Nathan A. Gibson signed a deed conveying to Nannie H. Buller (whom he was then about to marry, and did marry within a few days) a house and lot in Corydon, and one-half of a tract of ninety acres of land in…
2Cases cited1 opinion
- Bunnell v. BunnellCourt of Appeals of Kentucky · 1901
3Cited by6 opinions
- Hood v. NicholCourt of Appeals of Kentucky (pre-1976) · 1930
- Kirby v. HuletteCourt of Appeals of Kentucky · 1917
- Lewis v. ShellCourt of Appeals of Kentucky · 1924
- Thornhill v. OlsonNorth Dakota Supreme Court · 1915
- Miller v. PraterCourt of Appeals of Kentucky (pre-1976) · 1937
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