Boney v. Hollingsworth
Supreme Court of Alabama
Error to the Chancery Court of Sumpter. Heard before the I-Ion. J. W. Lesesne. The defendants in error were the complainants below, and the bill was filed by them as the heirs of Kitty J. Hollingsworth, who was a daughter of Winbeck Boney, against the plaintiffs in error, who are the other heirs of said Winbeck. The charges arc, in substance, that the defendants, Wm. G. and R. 0. Boney, after the death of the said Winbeck, their father, the said Wm.
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Error to the Chancery Court of Sumpter. Heard before the I-Ion. J. W. Lesesne. The defendants in error were the complainants below, and the bill was filed by them as the heirs of Kitty J. Hollingsworth, who was a daughter of Winbeck Boney, against the plaintiffs in error, who are the other heirs of said Winbeck. The charges arc, in substance, that the defendants, Wm. G. and R. 0. Boney, after the death of the said Winbeck, their father, the said Wm. G. being the administrator of the estate, fraudulently to procure the lands of which he died seized, caused a deed of relinquishment of the same…
1Opinion of the CourtGoldth Waite, J.
Tho object of the bill is, to set aside a deed of relinquishment made by Kitty J. Hollingsworth to Win. G. and R. 0- Boney. This application is based upon allegations of fraud, consisting of false representations of material facts, and abuse of confidence reposed by Mrs. Hollingsworth in the grantees, who were her brothers.
It certainly requires no citation of authority to show that, if the deed which it was the object of tho bill to annul was obtained by the false representations of the other party, and by false representations we mean those made with an intent to deceive, a court of equity…
2Cases cited1 opinion
- M'Cormick v. MalinIndiana Supreme Court · 1841
3Cited by22 opinions
- Waddell v. LanierSupreme Court of Alabama · 1878
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
- Floyd v. GreenSupreme Court of Alabama · 1939
- Webb v. WebbSupreme Court of Alabama · 1948
- Hardee v. HardeeSupreme Court of Alabama · 1956
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