Jones v. McGruder

Citations

• 87 Va. 360
• 12 S.E. 792
• 1891 Va. LEXIS 79

Syllabus

<p>1. Fraud—Circumstantial evidence.—A transaction may, of itself and by itself, furnish the most satisfactory proof of fraud, so conclusive as to outweigh the answer of the defendants, and even the evidence of witnesses. Parr v. Saunders, Yol. XIV., Ya. Law J., 437.</p> <p>■2. Idem—Undue influence—Cancellation of deeds—Case at bar.—Grantor, ah habitual drunkard, died from brain softening shortly after executing certain deeds. His physician, landlord, neighbors and intimates testified he was mentally incapable of transacting business. Witnesses, relatives and friends, living at a distance, merely expressed opinion to the contrary without giving reasons. The beneficiaries, his most trusted friends, assisted him in executing the deeds; one was his own cousin, possessing over him unbounded influence. There was no consideration, and existence of the deeds was concealed from grantor’s family and counsel: held, the deeds should be cancelled.</p>