CULLEN, Commissioner.
M. N. Francies brought an action to set aside, on the grounds of fraud, undue influence and failure of consideration, a deed by which he had conveyed his farm to his nephew, Coy Francies, and the latter's wife Nellie Grace. Pending the action, but after M. N. Francies had given his deposition, he died, and the action was revived in the name of his executor, who also was the sole devisee under his will. The action was tried before the chancellor...
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