Rowland v. Hester
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; W. L. Longshore, Judge. Suit by A. E. Hester against R. G. Rowland and others. From a decree overruling demurrers to the bill, respondents appeal. The bill is as follows (omitting the description of the parties): (2) That J. W. Hester is a son of oratrix.
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Appeal from Circuit Court, Clay County; W. L. Longshore, Judge. Suit by A. E. Hester against R. G. Rowland and others. From a decree overruling demurrers to the bill, respondents appeal. The bill is as follows (omitting the description of the parties): (2) That J. W. Hester is a son of oratrix. Your oratrix is about SO years of age, and is at the present time, and was on the 14th of January, 1919, very feeble, physically and mentally, illiterate, and without business experience, and insufficient education to write her name. (3) That R. G. Rowland is a lawyer and has been engaged in the…
1Opinion of the CourtAnderson, C. J.
[1, 2] The bill .of complaint seeks to cancel or set aside a certain deed from the complainant to Rowland as well as a deed, or deeds, from Rowland to-Bartlett and Hester, jointly or severally, upon the theory that Rowland procured the deed to himself through fraud and with the knowledge of or through a collusion with the other respondents. If Rowland, occupying a confidential relation to the complainant, induced her to deed him the land for the purpose of handling same as her sales agent, and at the time, as charged in the bill, assured her that he could and would sell the land for her for…
2Cases cited2 opinions
- Wittmeier v. TidwellSupreme Court of Alabama · 1906
- McCalley v. OteySupreme Court of Alabama · 1890
3Cited by4 opinions
- Taylor v. RawlinsSupreme Court of Florida · 1923
- Doswell v. HughenSupreme Court of Alabama · 1957
- Logan v. ChastangSupreme Court of Alabama · 1921
- Johnson v. PruittSupreme Court of Alabama · 1939