Hyman v. Langston
Supreme Court of Alabama
Appeal from Circuit Court, Chilton County; Geo. F. Smoot, Judge. Bill in equity by I. N. Langston against Laura I-Iyman and. others. Prom rulings on demurrer, both respondents and complainant appeal. Fraud is a conclusion of law from facts stated and proved. When pleaded, the facts out of which it is supposed to arise must be stated. A mere general averment of fraud, without such facts, is not sufficient. 1 Story, 204; Ala.
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Appeal from Circuit Court, Chilton County; Geo. F. Smoot, Judge. Bill in equity by I. N. Langston against Laura I-Iyman and. others. Prom rulings on demurrer, both respondents and complainant appeal. Fraud is a conclusion of law from facts stated and proved. When pleaded, the facts out of which it is supposed to arise must be stated. A mere general averment of fraud, without such facts, is not sufficient. 1 Story, 204; Ala. Coal Co. v. Gulf Co., 171 Ala. 552, 54 South. 685; Davis v. Simpson Co., 162 Ala. 429, 50 South. 368; 10 R. C. L. 415; Dennis v. Mobile R. Co., 137 Ala. 649, 35 ■South.…
1Opinion of the CourtSayre, J.
Complainant, appellee, filed this bill to set aside a deed of his property made by him to his daughter, Laura Hyman, averring that the execution of said deed had been procured by the fraud of the grantee and her husband, the codefendant, E. G. Hyman. Complainant also joined the People’s Savings Bank as party defendant, averring that it had accepted from his grántee a mortgage purporting to secure a large sum of money, having at the time notice of the fraud practiced upon him by the defendants Laura Hyman and her husband. By an amendment Mittice Hyman, the minor daughter of the other Hyman…
2Cases cited7 opinions
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Russell v. CarverSupreme Court of Alabama · 1922
- Alexander v. GibsonSupreme Court of Alabama · 1912
- Cunninghame v. HerringSupreme Court of Alabama · 1915
- Johnson v. ChambleeSupreme Court of Alabama · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Johnson v. JohnsonMontana Supreme Court · 1932
- Davidson v. BrownSupreme Court of Alabama · 1926
- McAdory v. JonesSupreme Court of Alabama · 1954
- Massey v. MasseySupreme Court of Alabama · 1945
- Bank of Hartford v. BuffalowSupreme Court of Alabama · 1928
12 more not listed; retrieve them via the Exa API.