James v. Langdon
Court of Appeals of Kentucky
Appeal from the Casey Circuit. Chancery. Case 50. Case stated. The finding of the jury against the will, and decree of the court. A deed procured by imposing upon the credulity of a ieeble minded, illiterate and old man by one in whom he reposed confidence for an inadequate considera t i o n, declared fraudulent and vacated. A deed of emancipation declaned effectual for the purpose.
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Appeal from the Casey Circuit. Chancery. Case 50. Case stated. The finding of the jury against the will, and decree of the court. A deed procured by imposing upon the credulity of a ieeble minded, illiterate and old man by one in whom he reposed confidence for an inadequate considera t i o n, declared fraudulent and vacated. A deed of emancipation declaned effectual for the purpose. Thongli'the Verdict of the jury be in accordance ■with the opinion of this Court upon the evidence, yet if the Circuit Judge improperly expounded the law to the jury, there should lie a reversal and a new trial…
1Opinion of the Court
■Chief Justice Ewing
delivered the opinion of the Court.
Susannah Langdon filed her bill, which, with the amendments, draws in question and asks (he annulment of, 1st. a deed made by her father, David Roper and John Roper, to David F. James, for 285 acres of land bearing date the 24th day of June, 1837. 2d. Two deeds ■of emancipation of David Roper’s slaves, one dated the 22d day of October, 1834, the other the 23 st of August, 1837; and 3d. The will of David Roper, dated the 12th ■of February, 1839, and admitted to record in the County Court on the 2d of September, 1839, by which he bequeathed…
2Cited by1 opinion
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