Houston v. Goemann

Citations

• 99 Kan. 438

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cancellation op Deed — Equitable Action. The proceedings considered, and held that the form and the essential nature of the action characterize it as an equitable one for the cancellation of a deed on the ground of undue influence.</p> <p>2. Same — Trial by Jury Not Demandable. In an action of the character described, a trial by jury is not demandable as a matter of right.</p> <p>3. Cancellation of Deed — Undue Influence — Statements of Grantor Competent Evidence. In an action by the heirs of a grantor to cancel a deed on the ground of undue influence exercised over the grantor by the grantees, who were not related to him, statements of the grantor, both before and after execution of the deed, showing his feelings toward his relatives and toward the grantees, his desire and intention with respect to the disposition of his property, the motives which actuated him in making the deed, the details of the transaction culminating in the deed and the reasons for them, and other statements revealing the operation of his mind in other business and property relations with the grantees, may be received in evidence, when not too remote, as the basis for an inference respecting the grantor’s freedom from restraint at the time the deed was made.</p>