Atkeson v. Holly

This is a separate case, but is treated in tandem with Atkeson v. Evelyn E. Holly, because, by stipulation of the parties, all of the evidence in that case was considered by the trial court in this case. Because the two cases are so closely related, it will be more convenient to combine this opinion as a sequel to the other.

This suit seeks cancellation of a deed executed by Anthony on September 6,1967, conveying to Richard L. Holly and Evelyn E. Holly the 80-acre tract across the road from the house and the 3-acre tract that Anthony conveyed to them in December, 1965. There is no evidence of…