Citation Numbers: 154 Ky. 54, 156 S.W. 1031, 1913 Ky. LEXIS 13
Judges: Chiep, Hobson
Filed Date: 5/27/1913
Status: Precedential
Modified Date: 10/18/2024
Affirming.
Dan Spradlin and wife on February 15, 1901, conveyed by deed to his nephew1, Britton Spradlin, a part of his home place and on September 13, 1910, he brought this suit to set aside the deed. The deed was made in consideration of natural love and affection, and it was stipulated in it that Britton was to occupy and cultivate the premises and turn over annually to Spradlin and wife one-third of the products of- the land; that the grantors were to hold possession of the land and the full use and control of it as long as they lived; that no timber was to be sold from the land during the lives of the grantors; and that should Britton fail or refuse to comply with the stipulations- of the deed, the conveyance was to be null and- void. Spradlin alleged in the petition ■that Britton had failed to cultivate the premises, and to turn over annually to him one-third of the products of the land; that he had sold timber from the land, and had ' allowed the land to go to waste and run down. By an amended petition he alleged that a part of the consideration of the deed was 'that Britton should treat kindly and provide for him and his wife as long as they lived; that this provision had been omitted from the deed by mistake, and that Britton had not treated him kindly or provided for him. The wife of Spradlin died some years after the deed was made. Britton filed an answer in which he controverted the allegations of the petition; proof was taken, and on final hearing the circuit court dismissed it. Dan Spradlin appeals.
The deed was drawn by an attorney at the instance of Dan Spradlin. The first draft which the attorney made did not suit him and a second draft was made conforming to his instructions. Some days later he and his wife signed and acknowledged the. deed well understanding its- provisions; and upon a-11 the evidence the circuit court did not err in refusing to reform the deed on the ground that any part of the consideration had been omitted by mistake. (Chappell v. Chappell, 119 S. W., 218; Lincks v. Lincks, 141 Ky., 627).
The proof shows that Dan Spradlin and his wife had no children; that Britton was a favorite nephew, and had been induced by Spradlin to move upon his farm and live there as his tenan-f. After he had thus lived there with his uncle for about seventeen years, the deed was made by which a part of the farm was conveyed to
Judgment affirmed.