Webb v. Webb

Citations

• 99 Miss. 234
• 54 So. 840

Syllabus

<p>1. Deeds. Fraud. Confidential relation. Cancellation. Consideration.</p> <p>iWhere illiterate parents believing that they were only executing a deed of trust on' their lands to raise money to pay off a lien thereon, conveyed their lands to a son, the only consideration being that the son assumed the incumbrance which was much less than the valu$ of .the land, and immediately on discovering the fraud which had been perpetrated upon them took steps to cancel their deed, .they were entitled to relief.</p> <p>2. Deeds. .Confidential relations.</p> <p>In such case on accbunt of the confidential relations between the parties the court should scrutinize the transaction more closely than if the transaction had been between strangers.</p> <p>- 3. Cancellation oe- Deed. Prior incumbraMee.</p> <p>Where a grantee obtaining a deed by fraud, executes a deed of trust to a third party to obtain money to pay off a prior incumbrance on the land conveyed to him, the grantor as a condition to a decree setting aside the deed to the grantee and the deed_ of trust, must pay to the third person the amount of the loan so used.</p>