Herd v. Herd

Plaintiff Lois Herd filed suit against her son Danny Herd, her grandson Brady Herd, and Brady’s wife Paig (referred to individually by first names and collectively as “Defendants”),1 seeking rescission of a real estate contract and deed by which she conveyed her interest in 87.95 acres to Brady and Paig, and alleging fraud in Defendants’ failure to disclose that the real property Conveyed included some acreage and structures that Lois did not intend to convey. The trial court granted rescission upon finding that Danny knew Lois was not aware of the full extent of the conveyance and in doing…