Waller v. Jones
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The facts of the case are sufficiently stated in the opinion. In transactions between persons occupying relations suggesting confidence reposed, the one who is in the position to exercise influence, and who claims the benefit thereof, takes upon himself the burden of affirmatively showing not only his version of the transaction, but, that influence was not unduly exerted: and that the transaction is fair and just. — Kyle v. Perdue, 95 Ala. 579 ; Little v. Knox, 96 Ala. 179 ; 3 Brick. Dig. 794 § 168 ; Holt v.…
1Opinion of the CourtHead, J.
The bill was lilecl on the 11th day of January, 1892, by Susan M. Gilmer against A. Campbell Jones, Busan W. Jones, his wife, Eleanor E. Gilmer, Rebecca C. Gilmer, and Annie E. Pentecost, the last four named being daughters of the complainant.
The bill in substance alleges (1), that the complainant is the owner and is seized in fee of a certain pared of land in the city of Montgomery 'which she acquired l>y deed executed to her on the 24th day of February, 1875; (2), that she has been in possession of the property since that date, the same being of the value of more than eight thousand…
2Cases cited22 opinions
- Rose v. HaydenSupreme Court of Kansas · 1886
- Adams v. SayreSupreme Court of Alabama · 1884
- Sandfoss v. JonesCalifornia Supreme Court · 1868
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Jones v. RandleSupreme Court of Alabama · 1880
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3Cited by13 opinions
- Butts v. CooperSupreme Court of Alabama · 1907
- Kent v. DeanSupreme Court of Alabama · 1900
- Talley v. TalleySupreme Court of Alabama · 1946
- Pollak v. MillsapSupreme Court of Alabama · 1928
- Wefel v. StillmanSupreme Court of Alabama · 1907
8 more not listed; retrieve them via the Exa API.