Bracken v. Johnson’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Though the grantor or his representative has the burden of proof in a suit to cancel a deed, yet when circumstances which may be denominated as badges of fraud appear, such as extreme mental weakness and dependence of the grantor and strength and dominance of the grantee, the burden shifts to the grantee to prove that the transaction was fair, free from undue influence and devoid of vice which would render it inequitable and unfair. This rule is one of factual presumption resting on the common experiences and observations of life. Moore’s Adm’r v. Edwards, 248 Ky. 517 , 58 S.W.2d 915 ; Gay v. Gay, 308 Ky. 545 , 215 S.W.2d 96 . That condition was clearly manifested in the instant case. Extreme old age with its infirmities and the natural imminence of death, when coupled with other slight circumstances showing an imposition or overreaching, present a situation which calls upon the beneficiary to clear up. Huffaker v. Brammer, 193 Ky. 267 , 235 S.W. 727 ; Gregg v. Hedges’ Guardian, 227 Ky. 268 , 12 S.W.2d 854 ; Coffey v. Lair, 256 Ky. 741 , 77 S.W.2d 4 ; Thompson v. Henson, 307 Ky. 61 , 209 S.W.2d 849 ; Gay v. Gay, 308 Ky. 545 , 215 S.W.2d 96 .””

   1 later decision quote this exact passage
   e.g. Asher v. Hartlage