Ady v. Ady

Citations

• 110 Kan. 99
• 202 P. 597
• 1921 Kan. LEXIS 173

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — To Cancel and Set Aside Contract on Ground of Fraud — Demurrer to Evidence Properly Overruled. In an action to cancel and set aside, on the ground of fraud, a contract made for the distribution of the estate of a deceased person and to cancel deeds made in pursuance of that contract, it is held that the plaintiff’s evidence was sufficient to establish fraud and undue influence and to prove a cause of action in favor of the plaintiff and that the demurrer to the .plaintiff’s evidence was properly overruled.</p> <p>2. Same — Petition States Cause of Action. In such an action, the defendant should not be permitted to reap the benefits of his fraud or undue influence where acts which would otherwise amount to a ratification of the contract were performed by the plaintiff under the undue influence of the defendant; and, where the plaintiff conveyed land given to her under the contract but in her petition offers to convey all the property she had received as the court might direct, she is not precluded from maintaining her action to cancel the contract although she might be compelled to account for the proceeds arising from the land sold.</p> <p>3. Same — Evidence Proved Cause of Action in Plaintiff’s Favor — No Error in Refusing Further Findings. This cause was submitted on the plaintiff’s evidence which proved a cause of action in her favor; there was no conflicting evidence; a demurrer to the evidence was overruled; and findings of fact were made which did not defeat the plaintiff’s right to recover. Held, that no error was committed by refusing to make other findings requested by the defendant.</p> <p>4. Same — Petition Stated Cause of Action in Plaintiff’s Favor as Administratrix. The petition stated a cause of action in favor of- the plaintiff as administratrix, and there was evidence sufficient to prove that cause of action.</p>