96 Ky. 15 | Ky. Ct. App. | 1894
DELIVERED THE OPINION OF THE COURT.
Appellant, Joseph. Musick, brought this action to set aside a deed for a tract of land worth between two thousand dollars and three thousand dollars that he had executed to appellee George Fisher, and to recover possession held by appellee Alexander, as tenant of Fisher. In his petition he states the deed was executed under belief by him, induced through fraudulent representation by Fisher, it was a will; and in an amended petition he states that owing to his sickness, extreme old age, being eighty-two years old, and shock to his nervous system, caused by recent and sudden killing of his wife by a railroad train, his mind was unbalanced, and he was wholly incapable of transacting business when the deed was executed.
His wife was killed under such distressing circumstances as to necessarily unbalance his mind for the time, or at least to temporarily distract and divert it from his business affairs, and, as is made evident, render him temporarily indifferent about what became of his property. For it appears G-eorge Fisher, immediately after the distressing occurrence, removed from the land every article of personal property, which was appropriated by him or his mother, without accounting to appellant or being required by him to account for it.
If the contract for sale of the land was only executory, appellant could resist enforcement upon the ground there was no consideration whatever, either good or valuable, for George Fisher is no blood relation of his, nor did he pay or agree to pay any thing of value therefor. If there had been an agreed consideration. for the land which totally failed, the chancellor would not, as often held by this court, hesitate to adjudge a rescission and cancellation of the deed. Or if there had been a consideration which was grossly inadequate, the circumstances of this case would be sufficient to require a rescission. For considering the time, only fourteen days after death of 'appellant’s wife, his age, grievous and lonely condition, and lack of any peculiar or excessive affection for George Fisher, the hasty and inconsiderate transfer of his land and home must have been the result of madness
YYherefore, the judgment of the lower court dismissing appellant’s action is reversed and the cause is' remanded for judgment in his favor, and necessary and proper proceedings consistent with this' opinion.