PAYNE v. SIMMONS

Record No. 831245.

350 S.E.2d 637 (1986)

Rupert C. PAYNE v. Cargel E. SIMMONS, Sr., et al.

Supreme Court of Virginia.

November 26, 1986.


Attorney(s) appearing for the Case

Daniel M. O'Connell, Jr. (George M. Mayhugh; O'Connell & Mayhugh, P.C., Warrenton, on brief), for appellant.

Robin C. Gulick (Gary M. Pearson; Bain, Trundle, Gulick & Carson, Warrenton, on brief), for appellees.

Present: All the Justices.


RUSSELL, Justice.

This is a chancery suit by a seller of land for rescission of a deed. The seller contends that the deed was procured by fraud and that the consideration paid was so grossly inadequate as to shock the conscience of the court.

Rupert C. Payne received a deed from his parents in 1949 conveying to him a family farm containing approximately 50 acres and a home, located near Orlean, in Fauquier County. He had lived on the property since birth,...

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