Moore v. Wachovia Bank & Trust Co.

BROCK, Chief Judge.

The sole question upon review is whether plaintiff’s allegation that her husband asked her to convey her interest in the land so that he could “make out a will,” coupled with allegations that his statement was “false and fraudulent” and induced plaintiff to execute the deed, is a sufficient allegation of either active or constructive fraud. In our opinion plaintiff’s complaint is deficient, and defendant’s motion for judgment on the pleadings was properly granted.

The essential elements of active fraud are well-established: There must be a misrepresentation of material fact,…