Ryan v. Price
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Eliza H. By an, against the appellee, Lucian B. Price, to set aside an alleged deed of gift, executed by the complainant, conveying certain lands to the respondent. The grounds upon which the relief was asked were mental incapacity and undue influence. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Eliza H. By an, against the appellee, Lucian B. Price, to set aside an alleged deed of gift, executed by the complainant, conveying certain lands to the respondent. The grounds upon which the relief was asked were mental incapacity and undue influence. The facts of the case are sufficiently stated in the opinion. Upon the final submission of the cause, on the pleadings and proof, the chancellor decreed that the complainant was not entitled to the relief prayed…
1Opinion of the CourtHaralson, J.
— The principles of law governing this case are well settled by our own and other courts, may be found in the text books on the subject, and require no new and fuller discussion. We repeat them, as far as necessary, for the purposes in hand.
In Waddell v. Lanier, 62 Ala. 347, it was held, that where the grantor and grantee sustain relations of trust and confidence — which includes not onty cases where there exists the formal and technical fiduciary relation such as guardian and ward, parent and child, attorney and client, principal and agent, but all cases in which confidence is reposed by one…
2Cases cited4 opinions
- Waddell v. LanierSupreme Court of Alabama · 1878
- Burke v. TaylorSupreme Court of Alabama · 1891
- Kyle v. PerdueSupreme Court of Alabama · 1891
- Boney v. HollingsworthSupreme Court of Alabama · 1853
3Cited by2 opinions
- Phillips v. BradfordSupreme Court of Alabama · 1906
- Whitten v. McFallSupreme Court of Alabama · 1898