Pratt v. Carns

Citations

• 80 Fla. 243
• 85 So. 681

Syllabus

<p>1. A party seeking to have a deed declared to be void and delivered up to be cancelled on the ground of undue influence exerted over the mind of the grantor must plead the facts constituting such undue influence, the rule of pleading in such cases being the same as in cases of fraud.</p> <p>2. The term “undue influence” is not regarded as being susceptible of precise definition, but in order to render a deed void the undue influence relied upon must be of such a character as to overcome the will, deprive the grantor of free agency, and substitute the will of another for that of the grantor.</p> <p>3. ' Where a bill contains allegations that deeds of conveyance were made without consideration, that the grantor and grantee were parent and child, and that undue influence was exerted over the grantor in the execution of the deeds, such allegations of ultimate facts or conclusions not being negatived by other specific facts alleged, a demurrer thereto may be properly overruled since, on the admission of the demurrer, it does not appear as a matter of law that undue influence was not used, and under such allegations a case entitling the complainant to relief may be made by appropriate anfl .sufficient proof showing that in effect the grantee’s will was substituted for that of the grantor in the execution of the deeds.</p> <p>i. Delivery of a deed is essential to the passing of the title to the property intended to be conveyed to the grantee.</p> <p>5. The placing of a deed in the hands of a third person for tinture delivery to the grantee may constitute a delivery, but to accomplish this, purpose it must be made to appear that in placing the deed in the hands of such third person the grantor intended to, and, in fact, did relinquish and surrender all dominion and control over such deed.</p> <p>6. Though the allegations of a bill of complaint be abstract and general and largely in the nature of asserted conclusions, yet if under the allegation^ a case entitling, the com