Hartley v. Frederick
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. W. R. Chapman. Bill by Mrs. Emma Frederick against J. H. Hartley and others to cancel and annul a deed of conveyance executed by complainant to respondents, and for an accounting. From a decree sustaining demurrers as to the allegation of undue influence, but overruling them on other grounds, respondents appeal.
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Appeal from Montgomery Chancery Court. Heard before Hon. W. R. Chapman. Bill by Mrs. Emma Frederick against J. H. Hartley and others to cancel and annul a deed of conveyance executed by complainant to respondents, and for an accounting. From a decree sustaining demurrers as to the allegation of undue influence, but overruling them on other grounds, respondents appeal. As last amended, the bill alleges that complainant was and is the sole heir at law of her niece, Fanny Dearing, who died in the city of Montgomery about July 23, 1911, leaving city real estate worth about $7,000, and personal…
1Opinion of the Court
SOMERVILLE, J.(1) The hill of complaint alleges with clearness and precision every element of fraud and deceit which is necessary to entitle the complainant to' the relief prayed for.(2) The demurrant insists, however, that, on the facts shown by the bill, the complainant had no right to accept as true the claim of the respondent J. H. Hartley that he was the owner of the real estate in question by virtue of a deed made to him by his father; that complainant’s intestate had no right to leave it to the complainant; and that the records would verify his statements; in short, that the…
2Cases cited2 opinions
- Albritton v. Lott-Blackshear Com. Co.Supreme Court of Alabama · 1912
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1914
3Cited by6 opinions
- Williams v. BedenbaughSupreme Court of Alabama · 1926
- Morris v. HanssenSupreme Court of Missouri · 1934
- Frederick v. HartleySupreme Court of Alabama · 1918
- Logan v. ChastangSupreme Court of Alabama · 1921
- Wild v. CrumSupreme Court of Alabama · 1922
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