Hawthorne v. Jenkins
Supreme Court of Alabama
Appeal from Wilcox Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Leila Hawthorne and others, against J. D. Jenkins and others, to cancel and annul certain deeds as void for undue influence in their procuring. Prom a decree for respondents complainants appeal.
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Appeal from Wilcox Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Leila Hawthorne and others, against J. D. Jenkins and others, to cancel and annul certain deeds as void for undue influence in their procuring. Prom a decree for respondents complainants appeal. The bill is filed by two daughters and a grand daughter of Dr. Thomas G. Jenkins, for the purpose of setting aside two deeds made by Dr. Jenkins in his life time to two sons and a son in law conveying his farm of about 2,600 acres, and another to his unmarried daughter conveying his homestead and 160 acres of land adjoining,…
1Opinion of the CourtSomerville, J.
It is conclusively shoAvn by the evidence, Avithout serious conflict, that at the time he executed the two deeds here sought to be annulled Dr. *259Jenkins was not only sonnd of mind, bnt was alert and vigorous in the use of his mental facnlties. It also very clearly appears that he himself conceived the plan of saving his farm from the incubus of his accumulated debts by turning the property over to his sons and son-in-law on their undertaking to pay off the debts, and that he was not in fact unduly influenced in the transaction by any of the grantees named in the deeds, nor by any one…
2Cases cited18 opinions
- MacKall v. MacKallSupreme Court of the United States · 1890
- Highberger v. StifflerCourt of Appeals of Maryland · 1864
- Sawyer v. WhiteCourt of Appeals for the Eighth Circuit · 1903
- McQueen v. WilsonSupreme Court of Alabama · 1901
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Raney v. RaneySupreme Court of Alabama · 1927
- Hale v. CoxSupreme Court of Alabama · 1930
- Jones v. BrooksSupreme Court of Alabama · 1913
- Wilson v. PaytonSupreme Court of Alabama · 1948
- Lackey v. LackeySupreme Court of Alabama · 1954
22 more not listed; retrieve them via the Exa API.