Legal Opinion
Dulaney v. Burns
Supreme Court of Alabama
Decided November 8, 1928No. 7 Div. 772PublishedCited by 36 opinions
1Opinion of the CourtFoster, J.
The fifth and sixth grounds of contest do not allege sufficient facts to present an issue. The alleged fraud in the fifth ground is stated in general terms and without a statement of facts upon which same is based. Though undue influence has some elements of fraud, they are not synonymous. Shirley v. Ezell, 180 Ala. 352, 60 So. 905. The charge of undue influence may be in general terms. Coghill v. Kennedy, 119 Ala. 641, 24 So. 459; Wear v. Wear, 200 Ala. 345, 76 So. 111. But the charge of fraud must contain a statement of facts sufficient to justify the charge. Wear v. Wear, supra; Barksdale…
2Cases cited27 opinions
- Coghill v. KennedySupreme Court of Alabama · 1898
- Leith v. StateSupreme Court of Alabama · 1921
- Burney v. TorreySupreme Court of Alabama · 1893
- Wear v. WearSupreme Court of Alabama · 1916
- Caldwell v. StateSupreme Court of Alabama · 1919
22 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State v. AshermanSupreme Court of Connecticut · 1984
- Whitten v. Allstate Ins. Co.Supreme Court of Alabama · 1984
- Nichols v. Seaboard Coastline Ry. Co.Supreme Court of Alabama · 1976
- Cory v. Ankeny State BankSupreme Court of Iowa · 1969
- Shultz v. StateIndiana Court of Appeals · 1981
31 more not listed; retrieve them via the Exa API.