Gibson v. Carson's adm'r
Supreme Court of Alabama
This cause comes here by writ of error from the Chancery Court sitting at Cahawba. THE defendant’s intestate filed his bill, stating that he had but one child by his first marriage, who several years previous to the 8th of May, 1824, intermarried with Thomas Gibson; that his Wife and son-in-law, often persuaded and importuned him to convey his property to his daughter, and he as often refused, until on that day, being at a drinking house in the neighborhood of his residence,…
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This cause comes here by writ of error from the Chancery Court sitting at Cahawba. THE defendant’s intestate filed his bill, stating that he had but one child by his first marriage, who several years previous to the 8th of May, 1824, intermarried with Thomas Gibson; that his Wife and son-in-law, often persuaded and importuned him to convey his property to his daughter, and he as often refused, until on that day, being at a drinking house in the neighborhood of his residence, and under the influence of spirituous liquors, by the persuasion of his son-ih-law, he consented to execute voluntary…
1Opinion of the CourtCollier, C. J.
The grounds upon which the bill in this case, seeks to set aside the deeds are, 1. Because they were executed in consequence of the importunities of the intestate’s first, wife, and his son-in-law, Gibson. 2. Because Gibson, by his persuasion, at a time when the complainant was drunk at a drinking house, in his neighborhood, induced him to execute the deeds in question, by which he divested himself of all the property, of which he had previously been the proprietor. These are to be regarded as the gravamen of the bill, and the allegations of the subsequent acts and declarations of the…
2Cases cited2 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Slocum v. MarshallU.S. Circuit Court for the District of Pennsylvania · 1809
3Cited by6 opinions
- Nelson v. BrownSupreme Court of Alabama · 1910
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Machem v. MachemSupreme Court of Alabama · 1856
- Ansley v. RobinsonSupreme Court of Alabama · 1849
- Gaynor v. Louisville & Nashville RailroadSupreme Court of Alabama · 1902
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