Curry v. Leonard
Supreme Court of Alabama
Appeal from Pickens Chancery Court. Heard before Hon. Thomas H. Smith. Bill by M. B. Curry as administrator against William T. Leonard to set aside a conveyance of land and to charge respondent with certain money and evidences of debt alleged to have been transferred by a gift to him from complainant’s testator. Decree for respondent and complainant appeals.
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Appeal from Pickens Chancery Court. Heard before Hon. Thomas H. Smith. Bill by M. B. Curry as administrator against William T. Leonard to set aside a conveyance of land and to charge respondent with certain money and evidences of debt alleged to have been transferred by a gift to him from complainant’s testator. Decree for respondent and complainant appeals. Counsel abandon all grounds, except those of fraud and undue influence with the insistence that where a transaction is assailed on the grounds of fraud the burden is on respondent to prove the absence of fraud and that he acted in entire…
1Opinion of the Court
SAYRE, J. —
Appellant filed the bill in this case to set aside a deed of land made by his intestate to appellee and to charge appellee with certain money and evidences of debt alleged to have been transferred by gift from intestate to appellee. The bill averred that the transactions between complainant’s intestate and defendant were affected with fraud in several sorts; but now the insistence is only that the deed to the land and the transfers of personalty were procured by undue influence, and the case depends upon the propriety vel non of applying the technical, though salutary, rules as to…
2Cited by9 opinions
- Wooddy v. MatthewsSupreme Court of Alabama · 1915
- Dillard v. GillSupreme Court of Alabama · 1936
- Alexander v. AlexanderSupreme Court of Alabama · 1922
- Betz v. LovellSupreme Court of Alabama · 1916
- Little v. LittleSupreme Court of Alabama · 1923
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