Horton v. Harris

MOORE, Justice.

This is a suit to cancel a deed or in the alternative to impose a constructive trust upon an 80-acre tract of land conveyed by appellants’ ancestor, Eliza Horton, deceased, to appellee, Martha Paxton Harris, and her deceased husband, J. A. Harris. Appellants, who are the heirs of Woodson Horton and wife, Eliza Horton, both deceased, sought a cancellation of a deed dated January 28,1952, executed by Eliza Horton, individually and as community survivor of the estate of Woodson Horton, deceased. As grounds for cancellation, appellants alleged fraud, undue influence, and lack of…