Waddell v. Lanier
Supreme Court of Alabama
Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham. This was a bill filed by the appellant, James F. Waddell, as the administrator of Ann Campbell, against the appellee, E. F. Lanier and Mary E. Hopkins, as the sole heir-at-law of said Ann. The bill seeks a cancellation of a certain deed of gift made by Ann Campbell in her lifetime to the appellee, Lanier, and for an account of the property which bad come to his hands by virtue of said deed.
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Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham. This was a bill filed by the appellant, James F. Waddell, as the administrator of Ann Campbell, against the appellee, E. F. Lanier and Mary E. Hopkins, as the sole heir-at-law of said Ann. The bill seeks a cancellation of a certain deed of gift made by Ann Campbell in her lifetime to the appellee, Lanier, and for an account of the property which bad come to his hands by virtue of said deed. The lands conveyed in the deed were situated in Chambers county. Lanier was a resident of Georgia, and Mary E. Hopkins resided in Russell…
1Opinion of the CourtBrickell, C. J.
A court of equity has original jurisdiction to relieve against conveyances of real or personal estate obtained by fraud or undue influence, or an abuse of confidence; and it is no objection to the exercise of the jurisdiction, in the particular case, that there may also be a concurrent remedy at law. The cancellation of the conveyance, which a court of equity alone can decree, and an adjustment in the same suit of matters of account, which necessarily exist in nearly all cases of the kind, render the remedy in equity more adequate than any which can be pursued at law. Rumph v. Abercrombie, 12…
2Cases cited5 opinions
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
- Boney v. HollingsworthSupreme Court of Alabama · 1853
- Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
- Russell v. Erwin's Ad'mrSupreme Court of Alabama · 1867
- Rumph v. AbercrombieSupreme Court of Alabama · 1847
3Cited by47 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Ikerd v. BeaversIndiana Supreme Court · 1886
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
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