Summary
In Porter v. Nichols, 128 Md. 695, 98 A. 671, it is stated that where property has been obtained from one by fraud, or other improper means, it is not only the duty, but it should be the pleasure of courts to rescue the property.
Summary of this case from Gaggers v. GibsonOpinion
Decided February 10th, 1916.
Deeds: want of capacity; setting aside; duty of courts; burden of proof.
It is not only the duty, but it should be the pleasure of courts, to rescue property conveyed away by one mentally afflicted and incapable of making a valid deed or contract, or where property has been obtained from him by fraud or other improper means.
In such cases, even innocent purchasers may be required to surrender property if it is shown the vendor was clearly within the class of unfortunates who are the special wards of equity.
But when an appeal for relief is made upon such ground, by the very person who is responsible for the sale that it is sought to set aside, courts should require full and clear proof.
Decided February 10th, 1916.
Appeal from the Circuit Court for Caroline County. In Equity. (HOPPER and ATKINS, JJ.)
The cause was argued before BOYD, C.J., BRISCOE, BURKE, PATTISON, STOCKBRIDGE and CONSTABLE, JJ.
T. Alan Goldsborough, for the appellant.
Fred. R. Owens and Henry R. Lewis, for the appellees.