Stinson v. Daniel

Grice, Justice.

The ground of attack based on undue influence exerted over the grantor was unsupported by the evidence.

If the jury were authorized to find in favor of the complainants, it was because of the other ground of attack, to wit, the failure of delivery. The only person named as the grantee in the deed was Mrs. Stinson, who will be referred to herein as the grantee; and the proof is undisputed that the instrument never reached her until after the death of her father, the grantor. There is no conflict in the evidence bearing on the issue of delivery, except that one witness referred to…