First National Bank of Mobile v. Pope

I am constrained to dissent because I am convinced that we erred in our opinion on former appeal and that the court in this case is perpetuating that error.

The complainant and cross complainants base their right to relief on the principle that:

“Whenever the legal title to proper^ ty, real or personal, has been obtained through actual fraud, misrepresenta.tion, concealment, or through undue influence, duress, taking advantage of one’s weakness or necessities, or through any other similar means or ■under any other similar circumstances which render it unconscientious for the holder of the legal…