McLeod v. McLeod
Supreme Court of Alabama
Appeal from Barbour Chancery Court. Heard before Hon. W. L. Parks. This was a bill filed by William McLeod against Sallie McLeod, as the administrator of James McLeod, and individually, and the other heirs of said James McLeod, to set aside, a conveyance made by him to the heirs, of his interest in said estate, on account of fraud, undue influence, weakness of grantor’s mind and inadequacy of consideration.
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Appeal from Barbour Chancery Court. Heard before Hon. W. L. Parks. This was a bill filed by William McLeod against Sallie McLeod, as the administrator of James McLeod, and individually, and the other heirs of said James McLeod, to set aside, a conveyance made by him to the heirs, of his interest in said estate, on account of fraud, undue influence, weakness of grantor’s mind and inadequacy of consideration. The estate was worth betAveen twenty and thirty thousand dollars, half of Avliich Avent to William McLeod, as the father of decedent, who died unmarried. The heirs Avere sisters of the…
1Opinion of the CourtDowdell, J.
The bill in this case is one by the father against his daughters, and is for the purpose of setting aside and annulling a certain paper writing, whereby he had transferred or assigned all of his interest in the estate of his deceased son to his said daughters. The relief sought by the bill is based upon charges of fraud and undue influence, and inadequacy of consideration is alleged. Mere inadequacy of consideration is not a sufficient ground for setting aside and annulling a contract. As was said in Judge v. Wilkins, 19 Ala. 771 : “I follow the language of the authorities in saying that…
2Cases cited3 opinions
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Malone v. KelleySupreme Court of Alabama · 1875
- Judge v. WilkinsSupreme Court of Alabama · 1851
3Cited by31 opinions
- Hawthorne v. JenkinsSupreme Court of Alabama · 1913
- Wooddy v. MatthewsSupreme Court of Alabama · 1915
- Johnson v. JohnsonNorth Dakota Supreme Court · 1957
- Richter v. RichterSupreme Court of Alabama · 1913
- Stanfill v. JohnsonSupreme Court of Alabama · 1909
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