Kirkpatrick v. Jones

This appeal arises from an action to set aside a deed that allegedly had as its consideration the grantee's promise to support the grantor during her life. A jury rendered a verdict in favor of the grantor, and the trial court set the deed aside.

The primary issue on this appeal is whether the grantor was entitled to have the deed declared void pursuant to Code 1975, § 8-9-12, on the basis that a material part of the consideration was an agreement to support her during her life. A second issue is whether the grantee was entitled to a new trial on the ground that the verdict of the jury was…