Berger v. Bullock

Citations

• 85 Md. 441
• 37 A. 368
• 1897 Md. LEXIS 78

Syllabus

<p>Cancellation of a Deed Obtained by Fraud — Effect of Failure of a Party to a Cause to Deny Charges of Fraud.</p> <p>A widow, whose husband had bequeathed to her all of his property, which was small in amount, was induced by threats of a contest concerning the will and of a suit for slander made by her daughter-in-law, and by false statements made by her son, to execute a deed conveying all the property in trust to her daughter and son-in-law. Held, upon the facts, that the deed was procured by fraud and should be annulled.</p> <p>Where charges of fraud are made against a party by the pleadings and evidence in a cause, his failure to deny them or to testify in the case, although a competent witness, is an admission of the truth of the charges.</p>