Walling v. Thomas
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this case was filed on August 14, 1899, by the appellees, who were children and heirs of Sarah Thomas, deceased, against W. T. Walling, the appellant, and several other defendants who were described as the children, grandchildren and great great-grandchildren of Sarah Thomas, deceased.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this case was filed on August 14, 1899, by the appellees, who were children and heirs of Sarah Thomas, deceased, against W. T. Walling, the appellant, and several other defendants who were described as the children, grandchildren and great great-grandchildren of Sarah Thomas, deceased. It was averred in the bill, as amended, that on June 12, 1890, Sarah Thomas executed a deed to W. T. Walling, conveying to him 200 acres of land at a recited consideration of $500; that at the time of the execution…
1Opinion of the CourtSharpe, J.
A conveyance of lands obtained for a grossly inadequate consideration by unfair advantage taken of great mental weakness, though not amounting to absolute incapacity, of the grantor, will in equity be set aside on equitable terms when application therefor is made seasonably by the grantor, his representatives or heirs. — Waddell v. Lanier, 62 Ala. 349; Shipman v. Furniss, 69 Ala. 562; Burke v. Taylor, 94 Ala. 530; Allore v. Jewell, 94 U. S. 506 (24 L. ed. 260) ; Harding v. Handy, 11 Wheat. (U. S.), 125; Raymond v. Wathen, 142 Ind. 367; 18 Ency. Pl. & Pr., 765, 771. In such cases the deed…
2Cases cited9 opinions
- Allore v. JewellSupreme Court of the United States · 1877
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Waddell v. LanierSupreme Court of Alabama · 1878
- Raymond v. WathenIndiana Supreme Court · 1895
- Burke v. TaylorSupreme Court of Alabama · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Groover v. DardenSupreme Court of Alabama · 1953
- Floyd v. GreenSupreme Court of Alabama · 1939
- Zartner v. HolzhauerWisconsin Supreme Court · 1931
- Ammons v. AmmonsSupreme Court of Alabama · 1949
13 more not listed; retrieve them via the Exa API.