Clark v. Small

By Judge J. Michael Gamble

I am writing this letter to furnish you with the ruling of the court in this matter. I find that Anthony G. Clark lacked sufficient mental capacity to execute the deed to A. G. Small, II. I find that there has not been sufficient proof of either undue influence or fraud. I grant rescission of the transaction between Anthony G. Clark and A. G. Small, II. I grant to Anthony G. Clark an undivided one-third interest in this real estate.

In 2005, A. G. Small, II, acquired by two deeds a parcel containing 2.042 acres in the Afton area of Nelson County. By one deed, Anthony…