Douglas v. Ogle

Citations

• 80 Fla. 42
• 85 So. 243

Syllabus

<p>1. The distinguishing element of actual fraud is always untruth between the parties to the transaction.</p> <p>2. Constructive fraud is a term applied to a great variety of transactions which equity regards as wrongful, to which it attributes the same or similar effects as those which follow from actual fraud and for which it gives the same or similar relief as that granted in cases of actual fraud.</p> <p>3. Mere weakness of mind unaccompanied by any other inequitable incident, if the person has sufficient intelligence to understand the nature of the transaction, and is left to act upon his own free will, is not a sufficient ground to set aside an agreement.</p> <p>4. Inadequacy of consideration in connection with, other inequitable circumstances will justify the- cancellation of an instrument.</p> <p>5. Inadequacy of consideration, coupled with such a degree of mental weakness as would justify the inference that advantage had been taken of that weakness, will furnish sufficient ground for equitable interference.</p> <p>6. Where a contract is executed on an insufficient consideration by one enfeebled in body and mind, a presumption of fraund arises, but the burden to establish the predicatory conditions to the presumption is on him who would avoid the contract. ....</p> <p>7. The findings of a chancellor on the facts Wifi not be disturbed by an' appellate court unless such 'findings áre clearly shown to have been erroneous. ' ':</p> <p>8. The obligation of a mortgage executed by a husband and wife on their homestead can not' be enlargéd by the' mere substitution of a new note for a larger sum representing a further loan to the husband to which the wife was not a party.</p>