Wilks v. Wilks
Supreme Court of Alabama
Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by Mrs. Bobbie C. Wilks against John R. Wilks in his individual and representative capacity, and others, to cancel and annul a conveyance and to remove an administration from the probate to the chancery court. Prom a decree overruling demurrer to the bill respondents appeal.
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Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by Mrs. Bobbie C. Wilks against John R. Wilks in his individual and representative capacity, and others, to cancel and annul a conveyance and to remove an administration from the probate to the chancery court. Prom a decree overruling demurrer to the bill respondents appeal. Expression of an opinion of a party to a trade does not amount to a fraud. — Ritter v. Hanover, 138 Ala. 215; 6 Mayf. 450; 26 Am. Rep. 677. Fraud is not presumed Avhen the facts from which it is supposed to arise are consistent Avith honest…
1Opinion of the CourtSayre, J.
After the administrator, defendant John R. Wilks, had filed his inventory and an appraisement of the estate of his intestate, but before any farther steps had been taken for the administration of the estate, appellee, widow of the deceased and mother of all the defendants, who are children also of deceased, filed her bill in chancery alleging that she was interested in the estate and its administration, but that, by the false and fraudulent misrepresentations of her sons W. W. Wilks and John R. Wilks, as to the value of the estate and her interest therein, she had been induced to accept from…
2Cases cited7 opinions
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Martin v. MartinSupreme Court of Alabama · 1860
- Shahan v. BrownSupreme Court of Alabama · 1910
- Baker v. MitchellSupreme Court of Alabama · 1895
- Perry v. BoydSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- In Re Estate of CoverCalifornia Supreme Court · 1922
- Dent v. FoySupreme Court of Alabama · 1925
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- Penney v. Pritchard & McCallSupreme Court of Alabama · 1950
- Ex Parte McLendonSupreme Court of Alabama · 1924
46 more not listed; retrieve them via the Exa API.