Ballenger v. Ballenger

The sufficiency of the bill was challenged by demurrer for failure of averment of facts showing fraud or undue influence in the execution and delivery of the conveyance. Olson v. Olson, 200 Ala. 56, 75 South. 313; McCrory v. Donald, 192 Ala. 312, 314, 68 South. 306; Frederick v. Hartley, 202 Ala. 43, 79 South. 381. Since the decree was rested on another feature of the bill, the issue of fraud or undue influence was decided for respondent, and rulings on demurrers with respect thereto are immaterial on this appeal. The testimony fails to show that undue influence or fraud induced the execution…