Opinion
Decided March 2d 1916.
Deeds: setting aside; fiduciary relations; failure of proof; uncle and niece.
The mere fact that a grantor is the uncle of the grantee does not constitute such a relation between parties as to cast upon the grantee the burden of establishing the validity of the deed.
On a bill of complaint to set aside a deed on the ground of undue influence, in a case where the burden was not upon the grantee to defend the deed, evidence given to show that because of weaken mental condition the grantor was apt to be particularly susceptible to such influence, is not admissible, when there is no evidence of any undue influence.
Decided March 2d 1916.
Appeal from the Circuit Court for Washington County. (KEEDY, J.)
The cause was argued before BOYD, C.J., BRISCOE, BURK, PATTISON, URNER, STOCKBRIDGE and CONSTABLE, JJ.
A.S. Long and W. Calvin Chesnut (with whom was J.O. Snyder on the brief), for the appellants.
Frank G. Wagaman, for the appellees.