Brannin v. Sherley
Court of Appeals of Kentucky
Cask 83 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The fact that the deed is “degrading and humiliating ” to plaintiff will not authorize the court to set it aside. Courts of equity will not enforce the strict rule of morality in such cases. (Story’s Eq.
Read the full summary
Cask 83 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The fact that the deed is “degrading and humiliating ” to plaintiff will not authorize the court to set it aside. Courts of equity will not enforce the strict rule of morality in such cases. (Story’s Eq. Jur., sec. 308; Holmes v. Hill, 22 Neb., 433; Taylor v. Taylor, 8 How., 200.) 2. Conceding that the plaintiff was “importuned” to make the deed, the character of the conveyance is such that it must be supported as a settlement of the estate in the family. Transactions between parent and child in the nature of a…
1Opinion of the Court
JUDGE PRYOR
DELIVERED THE OPINION OP THE COURT.
Brannin C. Sherley, the appellee, being the owner of two lots of land in the city of Louisville, one lying on the south side of Market street, between Brook and Floyd, and the other lying on the south side of Market, between Fifth and Sixth streets, on the 11th of November, in the year 1886, conveyed *452all this estate, including both lots and the improvements, to his grandmother, Elizabeth A. Brannin, to be held by her in trust, and controlled and managed by her as she might deem proper, requiring her, by its terms, to pay to him the net annual…
2Cited by4 opinions
- Anderson v. KemperCourt of Appeals of Kentucky · 1903
- Beard v. BeardCourt of Appeals of Kentucky · 1917
- Miller's Executors v. Miller's HeirsCourt of Appeals of Kentucky · 1916
- Citizens Fidelity Bank & Trust Co. v. LeakeCourt of Appeals of Kentucky · 1964