Dailey v. Allen

Minor W. Millwee, Justice.

This suit was brought by plaintiff, Leatha Dailey Allen, on behalf of herself and her cotenants to cancel a deed to a 20-acre tract of land executed by her father, Bob Dailey, shortly before his death in 1931 to his son, D. C. Dailey. Defendants are the widow and heirs of D. C. Dailey who died in 1934. Plaintiff alleged there was a failure of consideration for the deed which she asserted was never delivered and was withheld from record until 1949.

Defendants filed an answer denying that plaintiff had any interest in the 20-acre tract and asking that their own title…