Cannon v. Gilmer
Supreme Court of Alabama
Aupbai. from the City Court of Montgomery, in Equity. Hoard before the Hon. A. 1). Bathe. . The bill in this ease was filed by the appellee, Julia Gilmer, against the appellant, N. N. Cannon, and prayed to have a certain mortgage and deed executed by the complainant to the defendant delivered up and can-celled as having been procured by fraud, misrepresentation and undue influence. The facts of the case are sufficiently stated in the opinion.
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Aupbai. from the City Court of Montgomery, in Equity. Hoard before the Hon. A. 1). Bathe. . The bill in this ease was filed by the appellee, Julia Gilmer, against the appellant, N. N. Cannon, and prayed to have a certain mortgage and deed executed by the complainant to the defendant delivered up and can-celled as having been procured by fraud, misrepresentation and undue influence. The facts of the case are sufficiently stated in the opinion. Upon the final submission of the cause on the pleadings and proof, the chancellor decreed that the complainant was entitled to the relief prayed for and…
1Opinion of the CourtHaralson, J.
1. It is well settled that courts of equity, in dealing with transactions between persons occupying fiduciary relations towards each other, are not confined to cases in which there is any formal or techi-nal relations of that character, such as guardian and ward, parent and child, attorney and client, etc., but *305they apply the principles to all eases in which confidence is reposed by one party in another, and the trust or confidence is accepted under circumstances which show that it was founded on intimate personal and business relations existing between the parties, which gave the one…
2Cases cited3 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Kidd v. WilliamsSupreme Court of Alabama · 1901
- Kyle v. PerdueSupreme Court of Alabama · 1891
3Cited by18 opinions
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1920
- Nelson v. BrownSupreme Court of Alabama · 1910
- Smith v. SmithMassachusetts Supreme Judicial Court · 1915
- Welch v. Montgomery Eye Physicians, P.C.Supreme Court of Alabama · 2004
- Manegold v. BeavanSupreme Court of Alabama · 1914
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