Martin v. Evans
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon Thomas H. Smith. Suit by Mary D. Evans against Margaret Martin. From a decree in favor of' complainant, defendant appeals. The following is the opinion of the chancellor in the court below: “Complainant alleges: That on the 15th day of February, 1907, her youngest son came to her in distress and stated to her that his former employer, Ed Martin, accused him of being an embezzler in a- large amount.
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Appeal from Mobile Chancery Court. Heard before Hon Thomas H. Smith. Suit by Mary D. Evans against Margaret Martin. From a decree in favor of' complainant, defendant appeals. The following is the opinion of the chancellor in the court below: “Complainant alleges: That on the 15th day of February, 1907, her youngest son came to her in distress and stated to her that his former employer, Ed Martin, accused him of being an embezzler in a- large amount. He told her that if he did not obtain a deed to her home within a few hours he would be prosecuted. That, acting under the extreme distress and…
1Opinion of the CourtMayfield, J.
This bill was filed by complainant to set aside, cancel, and annul an absolute conveyance of her home, upon the grounds that the conveyance was obtained by undue influence, that in executing it she anted' under mental, if not physical, duress, and because there was no consideration to support the conveyance. The facts are briefly these:
A son of complainant, a boy about 20 years of age had been employed by one Martin, the grantee in the deed in question, for 5 or 6 years. The-boy seems to have had complete charge and control of Martin’s business; that is, of one line of it, to wit, the stable…
2Cases cited3 opinions
- Harris v. CarmodyMassachusetts Supreme Judicial Court · 1881
- Glass & Co. v. HaygoodSupreme Court of Alabama · 1901
- McCormick Harvesting Machine Co. v. HamiltonWisconsin Supreme Court · 1889
3Cited by20 opinions
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- United States v. CrosbyCourt of Appeals for the Fifth Circuit · 1958
- Hale v. CoxSupreme Court of Alabama · 1941
- Manegold v. BeavanSupreme Court of Alabama · 1914
- Ex Parte GriffithSupreme Court of Alabama · 1920
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