Stroup v. Austin
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. Wm, H. Simpson. Bill by Susan Austin and another against Robert Alexander Stroup and others. From a decree for complainants the respondent, Robert Alexander Stroup, appeals.
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Appeal from Morgan Chancery Court. Heard before Hon. Wm, H. Simpson. Bill by Susan Austin and another against Robert Alexander Stroup and others. From a decree for complainants the respondent, Robert Alexander Stroup, appeals. The bill was insufficient in its allegation of fraud and undue influence. — Morgan v. Morgan, 68 Ala. 80; Chamberlain v. Dorrance, 69 Ala. 40. A court of chancery will not impute fraud where the facts and circumstances out of which it must arise may consist- with pure intent. To create such an imputation the facts must be such that they are not to be explained on any…
1Opinion of the CourtSomerville, J.
Mary Bell Johnson, spinster, about 70 years of age, died intestate in 1907, leaving as her sole heirs at law the children of her deceased sister, Chilnissa Stroup. The bill is filed by two of said Mary Bell’s nieces against other nieces and a nephew for the purpose, among other things, of selling for distribution certain lands which their grandfather Rowland Johnson, left by will to his children, Helen W., Richard, Martha, and the said Mary Bell, all now deceased, and which the bill avers now belong in equal part to the several heirs of Chilnissa Stroup; and also for the purpose of…
2Cases cited3 opinions
- MacKall v. MacKallSupreme Court of the United States · 1890
- Burney v. TorreySupreme Court of Alabama · 1893
- Adair v. CraigSupreme Court of Alabama · 1902
3Cited by20 opinions
- Hawthorne v. JenkinsSupreme Court of Alabama · 1913
- Abrams v. AbramsSupreme Court of Alabama · 1932
- Harris v. BowlesSupreme Court of Alabama · 1922
- Richter v. RichterSupreme Court of Alabama · 1913
- Halman v. BullardSupreme Court of Alabama · 1954
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