Legal Opinion

Yarbrough v. Harris

Supreme Court of Alabama

Decided February 10, 1910PublishedCited by 9 opinions

Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpson. Bill by Anna Harris against W. T. Yarbrough and others to set aside a deed as fraudulent, and for partition and distribution. Decree for plaintiff and defendant appeals.

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Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpson. Bill by Anna Harris against W. T. Yarbrough and others to set aside a deed as fraudulent, and for partition and distribution. Decree for plaintiff and defendant appeals. Only where inadequacy of consideration is such as to demonstrate such gross imposition or undue influence, or to shock the conscience, ought equity to interfere, and that only when such amounts in itself to conclusive and decisive evidence of fraud. — Jumn v. Toulmin, 9 Ala. 682; 684-6; Baltonstall v. Gordon, 33 Ala. 149, 153-4, and authorities cited; Wood…

1Opinion of the CourtMayfield, J.

The bill in this case was filed primarily to set aside a deed of conveyance to a tract of land of 25 acres, and personal property to the amount of several hundred dollars, and incidentally to sell the lands for partition and distribution.

The property involved belonged originally to an old negro man named Temp Harris. He died January 26, *3351906, leaving a widow, Ann Harris, tbe complainant, and two or more children, two of whom lived with him upon the land (which was located in Limestone county, near Athens) at the time of his death. His wife had not lived with him for about 10 years prior…

2Cases cited4 opinions

  1. Bancroft v. OtisSupreme Court of Alabama · 1890
  2. Kidd v. WilliamsSupreme Court of Alabama · 1901
  3. Kyle v. PerdueSupreme Court of Alabama · 1891
  4. Cannon v. GilmerSupreme Court of Alabama · 1902

3Cited by9 opinions

  1. Kirby v. ArnoldSupreme Court of Alabama · 1915
  2. Scott v. HardymanSupreme Court of Alabama · 1928
  3. Casey v. SacksSupreme Court of Alabama · 1931
  4. Wyatt v. RileySupreme Court of Alabama · 1974
  5. Chance v. ChapmanSupreme Court of Alabama · 1915

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