Olson v. Olson
Supreme Court of Alabama
Appeal fro-m Chancery Court, Jefferson County; A. H. Benners, Chancellor. Suit by Charles A. Olson against Lnla 01-spn. From decree for complainant, respond-ent appeals. The bill is by a grantor to cancel a deed executed by Mm to Ms wife on the sole ground of fraud practiced by her and her father in procuring its execution.
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Appeal fro-m Chancery Court, Jefferson County; A. H. Benners, Chancellor. Suit by Charles A. Olson against Lnla 01-spn. From decree for complainant, respond-ent appeals. The bill is by a grantor to cancel a deed executed by Mm to Ms wife on the sole ground of fraud practiced by her and her father in procuring its execution. The facts alleged are that complainant and respondent are husband and wife; that they intermarried on July 3, 1900, and lived together as husband and wife until August, 1907, when respondent, refusing to live with ■complainant longer, left him, and filed against Mm her…
1Opinion of the CourtMayfield, J.
[1] Fraud is a conclusion ■of law from facts stated and proved. When it is pleaded at law, or in equity, the facts out of which it is supposed to arise must be statecl; a mere general averment of fraud, without such facts, is not sufficient. Flewellen v. Crane, 58 Ala. 627; Morgan v. Morgan, 68 Ala. 80; Chamberlain v. Dorrance, 69 Ala. 40; Mellan v. Ordway, 76 Ala. 347; 3 Mayf. Dig. 826.
[2] A demurrer to such pleading is not a confession of the fraud; for a demurrer confesses only the matters of fact which are well pleaded, and not conclusions or inferences of law or of fact. Flewellen v.…
2Cases cited11 opinions
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Moog v. StrangSupreme Court of Alabama · 1881
- Little v. Sterne & Co.Supreme Court of Alabama · 1899
- Loucheim & Co. v. First Nat. Bank of TalladegaSupreme Court of Alabama · 1893
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3Cited by3 opinions
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Ballenger v. BallengerSupreme Court of Alabama · 1922
- Moody v. MoodySupreme Court of Alabama · 1927