Mercer v. Warfield's G'd'n
Mercer v. Warfield's G'd'n
Opinion of the Court
Opinion by
There is no brief for appellee in this case, but from a careful examination of the record it appears that appellee seeks to set aside on the grounds of fraud and no consideration a conveyance from N. J. Duncan to appellant. The conveyance was made and recorded in March, 1871, and this suit to set it aside was instituted in April, 1872. The petition insists, as an evidence of fraud, that the land which the deed recites was sold for $3,500 was worth at the time $6,000. Upon this point the evidence fixes the value at from $3,000 to $3,700. The evidence discloses the fact that appellant was amply able to pay for the land, and that he, at the time of the conveyance, had advanced for and paid to Duncan the larger part of the $3,500, and that when this suit was brought the whole of the consideration had been paid.
It is also shown that the debt for which the attempt to subject the land is made is the only debt owing by -Duncan, and that he has other property sufficient to satisfy the claim. The only facts appearing to raise even a suspicion of fraud are that the deed ex
Judgment reversed and cause remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.