Hoeb v. Maschinot

Opinion of the Court by

Judge O’Rear

Reversing.

WhfT'o there exists between two persons a relation of confidence and trust, bv which one exerts such an influence over the judgment of the other as to subvert the latter’s will and indenendence, a conveyance by the latter to the former will he set aside as fraudulent upon seasonable complaint. Whether such influence was exerted is a question of fact to be determined from, the circumstances. Evidence of the fact may consist of such re*331lationsliip of blood, or consanguinity, or as attorney and client, guardian and ward, physician and patient, and the…