Weakley v. Weakley

Action to set aside a general warranty deed to approximately 260 acres of land in Clinton County. Other relief was prayed, but the ease has been briefed as though involving that one question, and it will be so treated. The chancellor denied cancellation, and plaintiff appealed.

William C. Weakley and his wife, Rose, were the grantors in the challenged deed, which bears date of May 27, 1931, was signed and acknowledged the same day, and filed for record July 13, 1931. The consideration is recited as “assumption of deed of trust [for $10,-500.00] and Five Thousand Dollars . . . and the…