Garter v. West
Court of Appeals of Kentucky
Case 34 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. A voluntary settlement can not be set aside in the absence of clear proof of fraud or undue influence. (Huguenin v. Baseley, .14 Ves., 290; Toker v. Toker, 31 Beav., 629; Villers v. Beaumont, 1 Vern.,. 100; Lumley v. Desborough, 22 L. T. (N. S.), 597; Profit v. Lawless, L. B., 2 P. & ID., 462; Jennings v. Broughton, 17 Bov., 239; Smith v. Kay, 7 H. L., 750; Mowattv.
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Case 34 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. A voluntary settlement can not be set aside in the absence of clear proof of fraud or undue influence. (Huguenin v. Baseley, .14 Ves., 290; Toker v. Toker, 31 Beav., 629; Villers v. Beaumont, 1 Vern.,. 100; Lumley v. Desborough, 22 L. T. (N. S.), 597; Profit v. Lawless, L. B., 2 P. & ID., 462; Jennings v. Broughton, 17 Bov., 239; Smith v. Kay, 7 H. L., 750; Mowattv. Blake, 31 L. T., 287.) A gift obtained by fraud or undue influence can not be set aside if the donor has acquiesced in the transaction after becoming aware of his…
1Opinion of the CourtChief Justice Holt
Milly O’Bannon, a colored woman over sixty years of age, having drawn a considerable sum of money as a pension, purchased with a part of it a house and lot, the deed being, made to her for life with remainder to the appellant, Samuel Carter; but in the event he did not outlive her, then the fee-simple to vest in her. It recited that he was her nephew, when, in fact, they were not related. She died childless, and the appellees, who are collateral kindred, brought this action to annul the deed, as to Carter, upon the ground that it was procured through undue influence and fraud upon his part.…
2Cited by7 opinions
- Standard Fire Insurance v. SmithhartCourt of Appeals of Kentucky · 1919
- Shacklette v. GoodallCourt of Appeals of Kentucky · 1912
- Ratcliffe v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Sachs v. Title Ins. Trust Co., Etc.Court of Appeals of Kentucky (pre-1976) · 1947
- Payne v. Payne's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1942
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