Legal Opinion

Chamblee v. Johnson

Supreme Court of Alabama

Decided November 25, 1920No. 6 Div. 999PublishedCited by 3 opinions

Appeal from Circuit Court, Cullman County; Robt. C. Brickell, Judge. Bill by Robert Chamblee against J. E. Johnson. Decree for respondent, and complainant appeals.

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Appeal from Circuit Court, Cullman County; Robt. C. Brickell, Judge. Bill by Robert Chamblee against J. E. Johnson. Decree for respondent, and complainant appeals. Bill by appellant against appellee for the cancellation of a deed to 50 acres of land in Cullman county, executed by complainant to respondent August 27, 1913, upon the ground of undue influence and fraud, in that the consideration of the deed was a promise by the respondent to support and care for the complainant during the remainder of his life, which respondent has now refused to do; and that such promise was made by the…

1Opinion of the CourtGardner, J.

The equity of the bill rests upon two theories, undue influence and fraud in procuring the execution of the deed. The law of the case was settled on the former appeal (Johnson v. Chamblee, 202 Ala. 525, 81 South. 27), and this appeal» presents only the consideration of the above-stated issues of fact.

Much testimony was taken and the record is rather voluminous. A detailed discussion of the same would serve no good purpose, and it has not been the policy of this court to enter into a discussion of the facts in cases of this character since the act of 1915 (page 594). Pilcher v. Surles, 202…

2Cases cited3 opinions

  1. Johnson v. ChambleeSupreme Court of Alabama · 1919
  2. Pilcher v. SurlesSupreme Court of Alabama · 1919
  3. Underwood v. UnderwoodSupreme Court of Alabama · 1917

3Cited by3 opinions

  1. Davis v. HarrellSupreme Court of Alabama · 1923
  2. Yielding v. McCombsSupreme Court of Alabama · 1940
  3. Barrow v. HuguleySupreme Court of Alabama · 1924

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