Morgan v. Gaiter
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by John Gaiter against W. B. Morgan, administrator of the estate of Harry Wilson, deceased, for the cancellation on the ground of fraud of two certain instruments executed by the complainant to the respondent. From a decree overruling the demurrer to the bill as amended, the defendant appeals.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by John Gaiter against W. B. Morgan, administrator of the estate of Harry Wilson, deceased, for the cancellation on the ground of fraud of two certain instruments executed by the complainant to the respondent. From a decree overruling the demurrer to the bill as amended, the defendant appeals. Bill by appellee against the appellant to cancel, on- the ground of fraud, two certain instruments executed by the complainant to the respondent. From a decree overruling the demurrer to the bill as amended, respondent prosecutes…
1Opinion of the CourtGardner, J.
[1] The bill as amended seeks only the cancellation of two receipts, copies of which are attached as exhibits to the bill; and that a court of equity will, in a proper case, entertain jurisdiction for such purposes is well established. So. States Fire & Gas. Ins. Co. v. Whatley, 173 Ala. 101, 55 South. 620; Perry v. Boyd, 126 Ala. 162, 28 South. 711, 85 Am. St. Rep. 17; Anders v. Sandlin, 191 Ala. 158, 67 South. 684.
Some of the argument of appellant’s counsel seems to be based upon the, theory that the bill seeks to, in some manner, impeach, the decree of the probate court; but, as the…
2Cases cited10 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Evans v. EvansSupreme Court of Alabama · 1917
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Gayle v. PenningtonSupreme Court of Alabama · 1914
- King v. Livingston Manufacturing Co.Supreme Court of Alabama · 1915
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3Cited by12 opinions
- Randolph v. RandolphSupreme Court of Alabama · 1944
- Dorsey v. DorseySupreme Court of Alabama · 1953
- National Life Accident Ins. Co. v. PropstSupreme Court of Alabama · 1929
- Winslett v. RiceSupreme Court of Alabama · 1960
- Fisher v. KeelerNebraska Supreme Court · 1943
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