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" Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; 2. In taking an... "
The Atlantic Reporter - Page 254
1903
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 34

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1912 - 936 pages
...Opinion of the Court. Section 1055, Comp. Laws 1909, is as follows: "Undue influence consists: (1) In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose...
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Reports of Decisions in Probate, Volume 1

California. Superior Court (San Francisco). Probate Department - Probate law and practice - 1894 - 638 pages
...Joseph McGinn, the son of said James McGinn, or by either of them. Undue influence consists : 1. In the use by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority, for the purpose...
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The American and English Encyclopedia of Law, Volume 27

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1895 - 1082 pages
...definition of the California Civil Code, § 1575, which is as follows: " Undue influence consists (i) in the use, by one in whom a confidence is reposed by another, or who holds a real or ap"parent authority over him, of such confidence or authority, for the purpose...
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Judicial and Statutory Definitions of Words and Phrases, Volume 8

Law - 1905 - 1080 pages
...benefited. In re Coleinan's Estate, 40 All. 69, 71, 185 Pa. 437. "Undue Influence" consists (1) In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose...
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The Pacific Reporter, Volume 91

Law reports, digests, etc - 1907 - 1168 pages
...Cent. Dig. vol. 49, Wills, §§ 7G9, 773.] 2. SAME — UNDUE INFLUENCE. Undue influence to avoid a will is the use, by one in whom a confidence is reposed by another, of such confidence for the purpose of obtaining an unfair advantage of the weakness of the mind of...
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The Pacific Reporter, Volume 126

Law reports, digests, etc - 1912 - 1172 pages
...if left to act freely." Id. 453. Or, as the Civil Code defines it: "Undue influence consists : 1. In the use, by one in whom a confidence is reposed by another, and who holds a real or apparent authority over him, of such confidence or authority for the purpose...
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A Treatise on the Rescission of Contracts and Cancellation of ..., Volume 1

Henry Campbell Black - Contracts - 1916 - 994 pages
...definitions have been given in the codes of some of the states, as follows : "Undue influence consists (1) in the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 58

Montana. Supreme Court - Law reports, digests, etc - 1921 - 866 pages
...advantage of her ignorance. As to undue influence: Under the statute, undue influence [9] consists: "1. In the use. by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose...
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The Civil Code of the State of California: In Four Divisions, Compiled from ...

California - Civil law - 1923 - 588 pages
...actual fraud. 1574. Actual fraud is always a question of fact. 1575. Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose...
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The Central Law Journal, Volume 36

Law - 1893 - 568 pages
...of persons occupying confidential relations with each other. Section 1675 defines undue influence as the use by one in whom a confidence is reposed by another of such confidence to obtain an unfair advantage over him: Held, that a conveyance of land from the...
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