Clark v. Lopez
Mississippi Supreme Court
From the chancery court of Harrison county. HoN. N. C. Hill, Chancellor. Mrs. Clark, the appellant, filed her bill in equity against Lopez, the appellee, to cancel a deed made by her to him, averring that the execution thereof was obtained for a grossly inadequate sum; that she was, at the time, weak in mind, in feeble health, easily imposed upon, poor, destitute, distressed, and greatly oppressed by her necessitous and helpless condition; that appellee, by continuous…
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From the chancery court of Harrison county. HoN. N. C. Hill, Chancellor. Mrs. Clark, the appellant, filed her bill in equity against Lopez, the appellee, to cancel a deed made by her to him, averring that the execution thereof was obtained for a grossly inadequate sum; that she was, at the time, weak in mind, in feeble health, easily imposed upon, poor, destitute, distressed, and greatly oppressed by her necessitous and helpless condition; that appellee, by continuous persuasion, gross fraud, circumvention and false representation as to her title and the value of the property, induced her, on…
1Opinion of the CourtWhitfield, J.
A careful scrutiny of all the testimony in this record leaves us, after thoroughly sifting and comparing it under the light of the authorities, satisfied that the decree of the chancellor cannot be upheld. The principles on which the case must turn are clearly set forth in the case of Allen v. Jewell, 94 U. S., 508-512, and in the able and exhaustive opinion of the court of appeals in equity of South Carolina, in Butler v. Haskell, 4 Dessausure’s Eq. Rep., 686-716, in which the authorities covering this field of inquiry are most learnedly reviewed. The supreme court of the United States, in…
2Cited by12 opinions
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- Richardson v. LangleyMississippi Supreme Court · 1983
- Puryear v. AustinMississippi Supreme Court · 1949
- Paulter v. ManuelSupreme Court of Oklahoma · 1909
- McElveen v. McElveenMississippi Supreme Court · 1958
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