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McINTOSH v. BREEDING

286 S.W.2d 914 (1955)

James McINTOSH et al., Appellants, v. Francis BREEDING, by Richmond Amburgey, his next friend, Appellee.

Court of Appeals of Kentucky.

December 2, 1955.

Attorney(s) appearing for the Case

Napier & Napier, C. W. Napier, C. W. Napier, Jr., Hazard, for appellants.

Clark Pratt, Hindman, for appellee.

CAMMACK, Judge.

James McIntosh and Morris U. Hylton, his son-in-law, are appealing from a judgment which canceled a deed and two mortgages executed by Francis Breeding, the appellee. The deed and one of the mortgages were executed by Breeding to McIntosh, while the second mortgage was executed by Breeding to Hylton. The trial court canceled the instruments after finding that they were executed without consideration at a time when Breeding was of unsound mind and did...

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