Pilcher v. Surles
Supreme Court of Alabama
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Suit by M. J. Surles against Lula Pilcher and others, for the cancellation of a deed. Prom a decree 'for complainant, respondents appeal. Complainant, appellee here, filed this bill against her three sisters seeking the cancellation of conveyances of certain real estate executed by her on January 19, 1914, to each of them respectively.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Suit by M. J. Surles against Lula Pilcher and others, for the cancellation of a deed. Prom a decree 'for complainant, respondents appeal. Complainant, appellee here, filed this bill against her three sisters seeking the cancellation of conveyances of certain real estate executed by her on January 19, 1914, to each of them respectively. The court below rendered a decree granting relief and canceling the deeds, and from this decree respondents prosecute this appeal. The evidence discloses that complainant, a spinster about 75 years…
1Opinion of the CourtGardner, J.
The original bill sought cancellation of the conveyances here in controversy upon the ground of undue influente. Other grounds were added by amendments to the bill, including fraudulent representations; but the conclusion we have reached renders a consideration of these phases unnecessary, and they may therefore be laid out of view.
The bill very clearly is sufficient in its averments for the setting aside-of these conveyances upon the ground of undue influence. Alexander v. Gibson, 176 Ala. 258, 57 South. 760. And the case simply presents a question of fact as to whether or not the proof was…
2Cases cited5 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Holt v. AgnewSupreme Court of Alabama · 1880
- Alexander v. GibsonSupreme Court of Alabama · 1912
- Underwood v. UnderwoodSupreme Court of Alabama · 1917
- Hassell v. HassellSupreme Court of Alabama · 1917
3Cited by17 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Caples v. YoungSupreme Court of Alabama · 1921
- Floyd v. GreenSupreme Court of Alabama · 1939
- Harris v. BowlesSupreme Court of Alabama · 1922
- Tipton v. TiptonSupreme Court of Alabama · 1947
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