Legal Opinion

Gibbons v. Gibbons

Supreme Court of Alabama

Decided January 20, 1921No. 3 Div. 482PublishedCited by 14 opinions

Appeal from Circuit Court, Autauga County; B. K. MeMorris, Judge. Bill in equity by M. A. Gibbons against Millie Gibbons and others to cancel and annul a conveyance of land. From a decree granting tlie relief prayed, respondents appeal.

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Appeal from Circuit Court, Autauga County; B. K. MeMorris, Judge. Bill in equity by M. A. Gibbons against Millie Gibbons and others to cancel and annul a conveyance of land. From a decree granting tlie relief prayed, respondents appeal. The court erred in the decree rendered, because contrary to both the allegations and the evidence. 62 Ala. 347; 91 Ala. 276, 8 South. 863; 87 Ala. 685, 6 South. 95, 4 L. R. A. 637; 88 Ala. 462, 7 South. 250; 133 Ala. 548, 32 South. 58; 56 Ala. 356; 75 Ala. 222; 77 Ala. 440; 148 Ala. 475, 41 South. 779. Subsequent events can have no. influence in the question…

1Opinion of the CourtMcCLELLAN, J.

The decree appealed from canceled, in so far as Mrs. M. A. Gibbons (complainant-appellee) was concerned, a deed of date May 6, 1916, executed by Mrs. M. A. Gibbons, along with L. W. Gibbons and Mrs. L. W. Gibbons, to R. H. Gibbons, since deceased, conveying all the right, title, and interest of the grantors in 170 acres of land in Autauga county. The bill’s theory is that the execution of this instrument by Mrs. M. A. Gibbons was procured by fraudulent representations of its character and effect, or by undue influence exerted upon her, by the grantee who was her son and alleged to have…

2Cases cited1 opinion

  1. Waddell v. LanierSupreme Court of Alabama · 1878

3Cited by14 opinions

  1. Raney v. RaneySupreme Court of Alabama · 1927
  2. Floyd v. GreenSupreme Court of Alabama · 1939
  3. Verner v. MoselySupreme Court of Alabama · 1929
  4. Tipton v. TiptonSupreme Court of Alabama · 1947
  5. Lee v. MenefieldSupreme Court of Alabama · 1947

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