CUNNINGHAM v. QUINLAN

No. 35852.

134 N.W.2d 822 (1965)

178 Neb. 687

Mary CUNNINGHAM and Edward L. Cunningham, Appellees, v. Patricia Ann Cunningham QUINLAN and Joseph H. Quinlan, wife and husband, Appellants.

Supreme Court of Nebraska.

April 30, 1965.


Attorney(s) appearing for the Case

Ralph R. Bremers, Omaha, John F. McCarthy, Grand Island, for appellants.

John A. Wagoner, Grand Island, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.


McCOWN, Justice.

This is a suit to set aside a deed. The defendants elected not to introduce evidence and stood on the motion for dismissal. The district court set aside and canceled the deed and the defendants have appealed.

Mary Cunningham, the grantor, was 75 years of age on March 31, 1958, when she executed the deed in question to her niece, Patricia Ann Cunningham Quinlan. Mary Cunningham was somewhat retarded...

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