Grubbs v. Hawkins
Supreme Court of Alabama
Appeal from Circuit Court, Greene County; R. I. Jones, Judge. Bill by Louisa IP. Hawkins against Allen N. Grubbs and John C. Hawkins to cancel deeds. From a decree granting the relief prayed, respondent Grubbs appeals.
Read the full summary
Appeal from Circuit Court, Greene County; R. I. Jones, Judge. Bill by Louisa IP. Hawkins against Allen N. Grubbs and John C. Hawkins to cancel deeds. From a decree granting the relief prayed, respondent Grubbs appeals. In substance, the bill alleges that the complainant is over 80 years of age, a widow, and the mother of respondent John C. Hawkins and of Mrs. Fannie Hewlett; that shortly before the execution of the instruments in question complainant had sustained an injury from which she suffered and was confined to her bed at the time of the execution of said instruments. It is alleged that…
1Opinion of the CourtAnderson, C. J.
[1] The bill in this case seeks to cancel the deeds in question both on account of fraud and undue influence; and whether sufficient or not in its allegations as to fraud, it contains equity and was not subject to the demurrer as a bill charging undue influence. In the first place, the facts set out, if proven, would constitute undue influence; but, if the undue influence was charged only by way of a conclusion", it would not render that feature of the bill subject to demurrer. It has been finally settled by this court that a bill seeking relief for undue influence, unlike one for fraud, need…
2Cases cited9 opinions
- Ray v. WatkinsSupreme Court of Alabama · 1920
- Alexander v. GibsonSupreme Court of Alabama · 1912
- McMahon v. McMahonSupreme Court of Alabama · 1910
- Cunninghame v. HerringSupreme Court of Alabama · 1915
- Strickland v. StricklandSupreme Court of Alabama · 1921
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Raney v. RaneySupreme Court of Alabama · 1927
- Cox v. ParkerSupreme Court of Alabama · 1924
- Crump v. CrumpSupreme Court of Alabama · 1949
- Dicks v. McAllisterAlabama Court of Appeals · 1924
- Ballentine v. StateAlabama Court of Appeals · 1923
1 more not listed; retrieve them via the Exa API.