Shively v. Parker

Citations

• 9 Or. 500

Syllabus

<p>Fraud — Equitable Relief.</p> <p>In the consideration of fraud, whether actual or constructive, courts of equity have adopted principles exceedingly broad and comprehensive in the application of their remedial justice; and especially where there is fraud concerning property, they will often interfere and administer a wholesome and sometimes a strict justice, in favor of innocent persons, who are themselves without fault in the transaction.</p> <p>Breach of Duty — Undue Influence.</p> <p>The cases to which this doctrine has been held applicable are generally cases where there is some breach of duty, or want of good faith and fair dealing on the part of the person acquiring the property, or of him from whom, or under whom, he has gotten it, of which he has actual or constructive notice, or where the property has been acquired, or the possession of it taken, on the assumption of a trust character, or under the belief by those with whom the transaction is had, or by reason of which it was acquired or possessed, that it was taken or acquired in trust, or where it had been gotten by some undue influence.</p>