Legal Opinion

Wells v. Wells

Supreme Court of Alabama

Decided June 23, 1949No. 8 Div. 499Published

1Opinion of the Court

FOSTER, Justice.

The question in this case is whether a déed made by plaintiff to defendant (his son) should be set aside and cancelled in equity on account of undue influence and want of delivery. The trial court denied relief on the evidence and plaintiff appeals.

The equity of the bill was tested on a-former appeal. Wells v. Wells, 250 Ala. 106, 33 So.2d 466.

The only contentions made in the bill, were undue influence, not stated in those terms, and a failure to deliver the deed and the failure to pay the consideration expressed in the deed. The last named claim needs no discussion.

The bill…

2Cases cited12 opinions

  1. Larkins v. BiddleSupreme Court of Alabama · 1852
  2. Cox v. ParkerSupreme Court of Alabama · 1924
  3. Hawthorne v. JenkinsSupreme Court of Alabama · 1913
  4. Tipton v. TiptonSupreme Court of Alabama · 1947
  5. McCaskill v. TooleSupreme Court of Alabama · 1928

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