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 2541903Full view - About this book
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| |