Dolberry v. Dolberry
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by George Dolberry and others as administrators of Absolom Dolberry, against John and Ben Dolberry, for cancellation of deeds. Prom a decree for respondents, complainants appeal.
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Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by George Dolberry and others as administrators of Absolom Dolberry, against John and Ben Dolberry, for cancellation of deeds. Prom a decree for respondents, complainants appeal. The case made by the bill is that Absolom Dolberry was about 80 years old at the time of his death, and some time before his death he had been very childish and feeble; that his memory had failed him, and that he was incapable of transacting his business; that the two respondents named in the bill lived near him and with him, attended him in…
1Opinion of the CourtAnderson, J.
— The law does not presume undue influence in the conveyance from a parent to a child from the mere act, and, in the absence of evidence other than the conveyance and the relationship, the presumption is that it was free from undue influence, upon the theory that the parent, and not the child, is the dominant party. — McLeod v. McLeod, 145 Ala. 269, 40 South. 414. Of course, this presumption is not conclusive, and where evidence is introduced showing that the parent has reached the state of senility and is dominated by the child, it would then be incumbent upon the child to show the fairness…
2Cases cited1 opinion
- McLeod v. McLeodSupreme Court of Alabama · 1906
3Cited by10 opinions
- Hale v. CoxSupreme Court of Alabama · 1930
- Hawthorne v. JenkinsSupreme Court of Alabama · 1913
- Tipton v. TiptonSupreme Court of Alabama · 1947
- Keeble v. UnderwoodSupreme Court of Alabama · 1915
- Decker v. DeckerSupreme Court of Alabama · 1950
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