Scurry v. Cook

Duckworth, Chief Justice.

The main question upon which all others must turn is: does the evidence fail to show undue influence and a mutual mistake such as to demand the verdict in favor of the defendant? In order to answer this question, we must examine thé evidence as to each respective • ground of attack.

Generally undue influence is a term not clearly defined; however, its exercise may be inferred in all cases of a confidential or quasi-confidential relationship where the power of the person receiving a gift or other benefit has been so exerted upon the mind of the donor as, by improper…