Logan v. Chastang
Supreme Court of Alabama
.Appeal from Circuit Court, Mobile County; Joel W. Gpldsby, Judge. Bill by Edward Chastang and others against John E. Bogan and another to cancel and annul a deed for fraud. Decree for complainants, and respondents appeal.
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.Appeal from Circuit Court, Mobile County; Joel W. Gpldsby, Judge. Bill by Edward Chastang and others against John E. Bogan and another to cancel and annul a deed for fraud. Decree for complainants, and respondents appeal. The burden was on the complainants all the way through; they are parties in interest and have not carried the burden. 172 Ala. 065, 55 South. 293. The deed was duly acknowledged before notary public, and is self-proving, and the testimony should be clear, convincing, and conclusive, before it is overturned. 99 Ala. 284, 12 South. 775, 42 Am. St. Rep. 58; 167 Ala. 563, 52…
1Opinion of the CourtSayre, J.
The Ghastangs filed the bill in this cause against John E. Logan and J. I-I. Reichert, praying for the cancellation of an instrument of writing purporting to convey from complainants to defendant Rei-chert several hundred acres of land in Mobile county. Defendants have found it necessary to appeal.
Comjilainants contend that Logan, as agent for Reichert, procured them to execute the deed in controversy, falsely and fraudulently representing to them that it was an agreement to the effect that Logan was to recover and clear up the title to the tract which complainants had inherited from their…
2Cases cited10 opinions
- Freeman v. BlountSupreme Court of Alabama · 1911
- Barnett v. Proskauer & Co.Supreme Court of Alabama · 1878
- Vizard v. RobinsonSupreme Court of Alabama · 1913
- Gilley v. DenmanSupreme Court of Alabama · 1913
- Smith v. McGuireSupreme Court of Alabama · 1880
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3Cited by5 opinions
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- Wild v. CrumSupreme Court of Alabama · 1922