Hunter v. Owen
| Decision Date | 20 November 1888 |
| Citation | 9 S.W. 717 |
| Parties | HUNTER v. OWEN. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Cumberland county; P. H. LESLIE, Judge.
Suit by Nancy E. Owen against W. G. Hunter to set aside a conveyance by defendant to her, and to recover the purchase price paid by her to him. Defendant appeals from a decree for plaintiff.
Hargis & Eastin, M. O. Allen, and J. G. Craddock, for appellant.
Sandidge & Sandidge and R. F. Spencer, for appellee.
The appellee obtained a judgment in the Cumberland circuit court setting aside a conveyance of a small tract of land made by the appellant to the appellee upon the ground that the appellee was defrauded into making the purchase of the land by the appellant. The appellant has appealed to this court. It is admitted that the appellee paid the appellant $600 in cash for a tract of land containing 13 acres. A number of witnesses estimate the value of said land, including the improvements thereon, at one hundred dollars; others estimate its value at one hundred and twenty-five; others at one hundred and fifty dollars; one at a hundred and fifty or two hundred dollars. The foregoing estimate is contradicted by no one except the appellant. He says that just a few days before he sold the land to the appellee he was offered $500 in cash for a part of it; but it is clear from the evidence of the person that expressed a willingness to give said sum that he had the utmost confidence in the appellant, and was willing to purchase the land at a price not fixed according to his own judgment, but at the price that the appellant placed upon it. From all the evidence in the case it seems clear that the price that the appellee paid for the land was greatly in excess of its reasonable value. The proof is overwhelming that the appellee was an ignorant and dull woman, without business habit, and wholly unacquainted with the value of said land, which, it appears, she purchased upon the judgment of the appellant. It is also clear that the appellant was an intelligent, shrewd, active business man. It also appears that the appellant was the friend and physician of the appellee's husband in his life-time, and rendered him kidnesses when no one else would, for which the appellee was very grateful. It also appears that the appellee believed that she could not have succeeded in getting her pension (with a part of which she paid for the land) but for the aid of the...
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Ky. Electric Development Co.'s Rec. v. Head
...them for information as to the value of the stock they were urging her to purchase, without which she was as helpless as a babe. Hunter v. Owens, 9 S.W. 717, 10 S.W. 376, 10 Ky. Law Rep. 651; Chess & Wymond Co. v. Simpson, 82 S.W. 601, 26 Ky. Law Rep. All these things make it patent Mrs. He......
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...that he and the railway company had attempted to make a preferential settlement in behalf of the railway company. In Hunter v. Owens, 9 S. W. 717, 10 Ky Law Rep. 651, it is said: "Gross inadequacy of price is always a badge of fraud, and sometimes when the disproportion between the value an......
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...price, always a badge of fraud, becomes an actual fraud when the parties do not deal with each other at arm's length." Hunter v. Owen, 9 S.W. 717, 718, 10 Ky. Law Rep. 651. "It is a well-known rule of law that gross inadequacy of consideration, where the parties are not on equal terms, is r......
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Daniels v. Forston
...price, always a badge of fraud, becomes an actual fraud when the parties do not deal with each other at arm's length." Hunter v. Owen, 9 S.W. 717, 718, 10 Ky.Law Rep. 651. is a well-known rule of law that gross inadequacy of consideration, where the parties are not on equal terms, is regard......