Noel v. Noel

THOMAS, Justice.

This is the second appeal from rulings on demurrer. Noel v. Noel, 225 Ala. 302, 143 So. 469.

The bill was amended, demurrer overruled, and appeal taken.

The difference between pleading fraud proper and that of undue influence — a species of constructive fraud — has been indicated in Alexander v. Gibson, 176 Ala. 258, 57 So. 760; 8 R. C. L. page 1032; and in the latter instance, held general averments will not suffice, depending, as it does, upon the circumstances of each particular case (Shipman v. Furniss, 69 Ala. 555, 44 Am. Rep. 528); hut the constituent facts must he averred…