Frederic v. Wilkins
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Annie Frederic as administratrix of the estate of William Scholtz, against Mary T. Wilkins to annul a deed because of mental incapacity of the grantor and undue influence on the part of the grantee. Decree for respondent and complainant appeals.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Annie Frederic as administratrix of the estate of William Scholtz, against Mary T. Wilkins to annul a deed because of mental incapacity of the grantor and undue influence on the part of the grantee. Decree for respondent and complainant appeals. The court erred in admitting the opinion of witnesses as to the sanity or insanity of the grantor as none of them were shown to have the qualifications required. — Burney v. Torrey, 100 Ala. 157; Norris v. State, 16 Ala. 776; Flory v. Flory, 24 Ala. 241. The transcript of…
1Opinion of the CourtSomerville, J.
The bill is filed for the purpose of annulling a certain deed of land on the grounds of the mental incapacity of the grantor and of the exercise by the grantee of undue influence upon the grantor with respect to its execution. The determination of these two issues of fact, according to the weight of the evidence adduced, is all that was involved on the hearing beloAV, and the appeal is to review the findings of the chancellor which were in favor of the respondent.
A careful examination of the evidence satisfies us that the conclusions of the chancellor are well grounded and his decree…
2Cases cited5 opinions
- McCurry v. HooperSupreme Court of Alabama · 1848
- Kyle v. PerdueSupreme Court of Alabama · 1891
- Stanfill v. JohnsonSupreme Court of Alabama · 1909
- Adair v. CraigSupreme Court of Alabama · 1902
- Ex parte TriceSupreme Court of Alabama · 1875
3Cited by18 opinions
- Reeves v. StateSupreme Court of Alabama · 1914
- Russell v. StateSupreme Court of Alabama · 1918
- Harris v. BowlesSupreme Court of Alabama · 1922
- Halman v. BullardSupreme Court of Alabama · 1954
- Terry v. TerrySupreme Court of Alabama · 1976
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