Wynn v. Kendall

Citations

• 122 Miss. 809
• 85 So. 85

Syllabus

<p>1. Cancellation on Instruments. Deed will not be set aside because grantor did not understand it, in absence of timely application.</p> <p>Where a deed given in consideration of the support of the grantor during life provides no lien, nor forfeiture on condition broken, or for failure to perform, but is absolute in form, it will not be set aside, where no timely application was made, on the ground that the grantor did not understand the terms of the deed as written, where the deed was on record.</p> <p>2. Deeds. Deed for support of grantor nof canceled for breach, of agreement to support.</p> <p>Where a deed is given in consideration of an agreement to support grantor, but containing no provision for forfeiture for failure to perform agreement, and reserving no lien in the deed to. secure performance of consideration, it will not be canceled in equity for failure to furnish support. Lowrey' v. Lowrey, 111 Miss. 153, 71 So. 309; Lee v. McMorries, 107 Miss. 889, 66 So. 278, L. R. A. 1915B, 1069. Dixon v. Milling, 102 Miss. 449, 59 So. 804, 43 L. R. A. (N. S.) 916.</p>