Wicks v. Dean
Court of Appeals of Kentucky
Case 8— PETITION EQUITY — APPEAL FROM M’CRACKEN CIRCUIT COURT. 1. It is clearly established by the evidence that at the time of the execution of the deed to Rouse, Mrs. Dean was, from pain and disease, and on the account of the use of morphine and intense suffering, rendered mentally incapable of disposing of her property, and was easily subject to the improper influence of her husband; at any rate all these things were sufficient to place on him the burden of establishing…
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Case 8— PETITION EQUITY — APPEAL FROM M’CRACKEN CIRCUIT COURT. 1. It is clearly established by the evidence that at the time of the execution of the deed to Rouse, Mrs. Dean was, from pain and disease, and on the account of the use of morphine and intense suffering, rendered mentally incapable of disposing of her property, and was easily subject to the improper influence of her husband; at any rate all these things were sufficient to place on him the burden of establishing the validity of the deeds under which he claimed. Starr v. DeLashnutt, 76 Fed. Rep., 907. 2. A transaction between…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
The appellant, Jessie Wicks, is a daughter of Josephine Dean, the issue of her marriage with one Dan Eley. She afterwards married the appellee, John Dean. Mrs. Dean is the daughter of Mrs. Sarah C. Trowell, from whom she inherited some estate. (She acquired by purchase at commissioner’s .sale (which was ordered sold in a suit to settle her mother’s estate) what is known as the “old homestead,” on Jefferson street, Paducah, Ivy., and also what is known as the Maclvnight lot. The purchase price of these lots was $2.155. A deed was made to Mrs.…
2Cases cited2 opinions
- Hall & Co. v. RenfroCourt of Appeals of Kentucky · 1860
- Willis v. WoodwardCourt of Appeals of Kentucky · 1867
3Cited by4 opinions
- North River Insurance v. WalkerCourt of Appeals of Kentucky · 1914
- Hannaford v. DowdleSupreme Court of Arkansas · 1905
- Turner's Administrator v. WardCourt of Appeals of Kentucky · 1923
- Pancake v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931