Burke v. Taylor
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 15th July, 1890, by Nancy Taylor against Michael Burke, and sought to set aside and cancel, on the ground of fraud and undue influence, a conveyance which the complainant had executed to the defendant, dated 7th June, 1888, and in the following words, omitting immaterial parts : “Know all men by these presents, that I, Nancy Taylor,” “for and in…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 15th July, 1890, by Nancy Taylor against Michael Burke, and sought to set aside and cancel, on the ground of fraud and undue influence, a conveyance which the complainant had executed to the defendant, dated 7th June, 1888, and in the following words, omitting immaterial parts : “Know all men by these presents, that I, Nancy Taylor,” “for and in consideration of the sum of $250 to me in hand paid by M. Burke, as trustee, the receipt whereof is hereby acknowledged, and in…
1Opinion of the CourtColeman, J.
— It is no part of the purpose of this opinion to construe and declare the full legal effect of the instrument in writing dated 7th day of June, A. D. 1888, the validity of which is attacked in this suit. I,t is enough to say it purports to convfey in fee to the grantee, in trust, the property rights of Nancy Taylor, the grantor, in all her real estate. It appears that, besides the lot conveyed and improvements thereon, she owned no other property except some furniture. The bill charges that the execution oi this instrument was procured by fraud and undue influence.
The consideration expressed…
2Cases cited4 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Waddell v. LanierSupreme Court of Alabama · 1878
- Lyons v. CampbellSupreme Court of Alabama · 1889
3Cited by24 opinions
- Douglas v. OgleSupreme Court of Florida · 1920
- Groover v. DardenSupreme Court of Alabama · 1953
- Floyd v. GreenSupreme Court of Alabama · 1939
- Webb v. WebbSupreme Court of Alabama · 1948
- Verner v. MoselySupreme Court of Alabama · 1929
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