Hassell v. Hassell
Supreme Court of Alabama
Appeal from Chancery Court, Tuscaloosa County; A. H. Benners, Chancellor. Bill by Mrs. M. R. Hassell against John D. Hassell and. others, to set aside and annul a conveyance. From a decree for complainant, respondents appeal. The bill is filed by Mrs. Hassell setting aside a conveyance of land and release of debt made and given by complainant to her son John D. Hassell.
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Appeal from Chancery Court, Tuscaloosa County; A. H. Benners, Chancellor. Bill by Mrs. M. R. Hassell against John D. Hassell and. others, to set aside and annul a conveyance. From a decree for complainant, respondents appeal. The bill is filed by Mrs. Hassell setting aside a conveyance of land and release of debt made and given by complainant to her son John D. Hassell. The bill alleges that the execution of both of said instruments was procured for a grossly inadequate consideration, by the exercise upon complainant by said John D. Hassell of undue influence, and the abuse of confidence…
1Opinion of the CourtSomerville, J.
The principles of law which govern cases of this character have been frequently discussed and carefully stated by this court.
[1-4] (1) The relation of parent and child is per se a confidential relation, but it is always presumed, prima facie, that in all transactions between them the parent is the dominant party, and that they are free from undue influence. (2) In such cases the burden is upon the complainant to overcome this' presumption, and to reasonably satisfy the court that time and circumstances have reversed the order. of nature, so that the dominion of the parent has not only ceased,…
2Cases cited4 opinions
- McLeod v. McLeodSupreme Court of Alabama · 1906
- Hawthorne v. JenkinsSupreme Court of Alabama · 1913
- Richter v. RichterSupreme Court of Alabama · 1913
- Stroup v. AustinSupreme Court of Alabama · 1912
3Cited by9 opinions
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Harris v. BowlesSupreme Court of Alabama · 1922
- Pilcher v. SurlesSupreme Court of Alabama · 1919
- Dillard v. HovaterSupreme Court of Alabama · 1950
- Fortune v. BoutwellSupreme Court of Alabama · 1960
4 more not listed; retrieve them via the Exa API.