Harmston v. Harmston

From the dismissal of his complaint for rescission of two conveyances to his brother, the plaintiff appeals, claiming he had been induced to sign the deeds by false representations of the latter to the effect his stepson was attempting to steal his property. He contends that his mistaken belief in such misrepresentation caused him to make the transfers to prevent such eventuality and constitutes a basis for rescission in equity.

The trial court specifically found that the subject deed was “the result of plaintiff’s free and voluntary acts” and concluded that although plaintiff “may have been…