Venable v. Bradbury

Citations

• 111 Kan. 495
• 207 P. 647
• 1922 Kan. LEXIS 284

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action to Set Aside Conveyances — On Ground of Fraud — No Remediable Fraud Proven. The plaintiff had received a conveyance of land from his father, and there was a question as to whether a fee-simple title was conveyed or only a life estate. Plaintiff had received legal advice that only a life estate was conveyed and believing that to be the extent of his interest, he executed a life lease to his brother-in-law and conveyed the legal title thereof to the children of his brother-in-law, for a substantial consideration, but which plaintiff claims was much less than its value. Before purchasing plaintiff’s interest the brother-in-law had obtained a letter from a lawyer stating that in his opinion the plaintiff held an absolute title to the land. The brother-in-law did not inform the plaintiff of the contents of this letter before making the purchase. Eleven years afterwards plaintiff learned of the letter and legal opinion and brought an action to set aside the lease and deed upon the ground that the withholding of the legal opinion was actionable fraud which vitiated the transfers. Held, that the silence of the purchaser and withholding of the legal opinion which he had received as to the state of plaintiff’s title, the means of information being equally open to both parties, did not in the absence of confidential relations constitute remediable fraud.</p> <p>2. Same — No Confidential Relationship Between the Parties. There was no technical confidential relation between the parties and it is held that there was nothing in the circumstances of their associations which raised a confidential relationship, making it the duty of the brother-in-law to disclose the opinion he had received from a third party as to the doubtful title.</p> <p>3. Same. The fact that plaintiff had formerly lived in the family of his brother-in-law and was on friendly terms with him did not raise a confidential relationship.</p> <p>4. Same — Intemperate Habits o