Morris v. Covey
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; 1. The evidence clearly shows that appellee’s attorney occupied toward appellants a relationship of confidence and trust, and his controlling influence is admitted.
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Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; 1. The evidence clearly shows that appellee’s attorney occupied toward appellants a relationship of confidence and trust, and his controlling influence is admitted. The burden was on appellee to show the validity of the transaction and that it was not the result of undue influence. 9 Cyc. 410, and cases cited; 9 Cyc. 4.56, and cases cited; Id. 470; 34 Cyc. 1068, and note; 11 Wis. 303; 92 Mo. 250; 46 Mo. 147. 2. Where wrongful advantage is taken of one who is in great mental distress, grief and despair such as to impair his…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the chancery court of Benton County by J. D. Covey, as receiver of the Bank of Siloam, a banking corporation formerly located and doing business at Siloam Springs, Arkansas, against R. S. Morris and his wife, V. L. Morris, to obtain a reformation and foreclosure of a mortgage executed to him by the defendants on August 13, 1910, on certain real estate in the city of Siloam Springs which now constitutes the homestead of R. S. Morris.
T. C. Churchill, as administrator of the estate of Joseph Rutherford, deceased, was permitted to intervene for the purpose of…
2Cases cited12 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- In re BaileyDistrict Court, D. Utah · 1910
- Bell v. CastelberrySupreme Court of Arkansas · 1910
- Lucius v. Cawthon-Coleman Co.Supreme Court of the United States · 1905
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3Cited by15 opinions
- Orndorff v. State Ex Rel. McGillCourt of Appeals of Texas · 1937
- Citizens Mutual Automobile Insurance v. GardnerMichigan Supreme Court · 1946
- Hubbard v. Bibb Brokerage Co.Court of Appeals of Georgia · 1931
- Gray v. Bank of HartfordSupreme Court of Arkansas · 1918
- Dilley v. Simmons National BankSupreme Court of Arkansas · 1913
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