The Birmingham age-herald., 1903-01-18

1 serve fund was in the hands of the re- spondent when the petition was filed. Affirmed. Opinion by Tyson, J. 1 Pratt Land & Improvement Go ct al vs. McClain Bill in Equity for the Can cellation of Deeds;-Appeai from the
 City Court of Birmingham, in Equity. | 1. Cancellation of deeds; what neces- | sary when duress relied upon.-In order | to authorize the cancellation of deed
 upon the ground of duress exercised upon l the grantor, it is necessary to aver and
 show that the conveyance was procured | by the duress complained of, without the | grantor being influenced in any other way; and. therefore, on bill filed seek
 ing to cancel a deed upon the ground of | duress, which, after averring that it was l procured by eoercive influence, further
 ayers false promises made to the grantor
 as to the use by her of the purchase l money, such bill is subject to demurrer
 1t not appearing that the deed was pro- cured solely by the duress complained of | and uninfluenced by the promises as to
 the use by the complainant of the pur- 1 chase money and her expectation to so use 1t.
 | 2. Cancellation of deed for fraud; what | necessary to be averred.--On a bill filed
 seeking the cancellation of a deed upon 1 the ground of fraud practiced in the pro- l curement of it, mere averments of con- 1 CIuSlODS as 10 the existence or lFduu l insufficient, and it is necessary to aver
 and show facts from which fraud Is the | legal result, and further, it is necessary | to aver and show by the evidence that | the grantors in said deed participated | in the fraud complained of, or had notice | of it, either actual or constructive, be- | fore paying the purchase money. B. Vender and purchaser; when failure l to disclose value of land not fraudulent l Where there arc no peculiar crcum- | stances, such as confidential or flduciary relations existing between the vendor l and purchaser, which call for such dis I closure, a purchaser having superior l judgment of the value of the lands being l sold, does not commit fraud merely by purchasing them without disclosing hls 1 knowledge of the value.
 1. Husband and wife; conveyance of wife in payment of husbands debt valid. ] Although, under the statute married
 woman can not convey her property as l security for her husbands debt, a com veyance by her of her land in absolute
 payment of her husbands debt, is valid | D. Equity pleading; laches need not be i negatived in billion bill seeking the 1 cancellation of a deed, 1t Is not necessary 1 for the complainant to negative in the
 bill the existence of laches; laches being defensive, matter.
 1 Reversed, rendered and remanded.
 Opinion by Sharpe, J. l Roquemore ct al. vs. Dent ct al, Trus- tees, and Dent ct all vs. Roquemore ct
 al;-Bill in Equity for Construction of
 Trust;-Appeal from the City Court of 1 Montgomery, In Equity.
 | 1. Insurance on life of husband for ben-
 eft of wife and children; wife's interest 1 terminates with her death.-Under the | provisions of the statute in force in 1882 l Code, of 1876, Sec. 2793-34, where a man
 takes out a policy of life insurance in 1 favor of his wife and his children, their 1 executors, administrators or assigns 1 upon the death of the wife in 1882 before
 her husband, her interest in said policy | terminates
 ?. Life insurance for benefit of children; l includes those born after issuance of
 policy.-Where, in life insurance policy | the insurance is made payable to certain | named trustees for such of his (the as- l sured's) children as might survive him, benefciaries named in the policy, are the | children of assured as a class and in- | cludes those children of the assured born | after the issuance of the policy. and with | out any distinction between such after l born children of the second wife and the | first wife.
 3. Trustees; compensation: attorneys l fees.-Where under an insurance policy l made payable to trustees for the assured's | children.| said trustees collect ten thou 1 sand dollars. and upon T controversy | arising between the children of the as- | sured, as to how such money should be | distributed, the trustees file a bill in 1 equity to construe the trust and to as- ! certain the proper apportionment of the | fund, the allowance by the court of two hundred and fifty dollars as compensation
 to the trustees for their services, and of
 two hundred and fifty dollars for their attorneys fees, Is reasonable and not | unauthorized.
 Affirmed. Opinion by Dowde J. 1 The State ex rel Johnson vs Lovejoy, Judge etc. ;-Proceedings for Impeach-
 ment of Probate Judge
 l l. Impeachment for corruptly charging | and receiving fees and willful neglect of | duty; what necessary for conviction.-In | a proceeding for the impeachment of a | probate judge, upon the grounds that he
 corruptly charged and received fees or
 compensation as probate judge and that | he willfully neglected the duties im- l posed upon him by law. in order to au- | thorize conviction resulting in the i'm peachment sought it is necessary that | the evidence introduced should show that
 he was guilty of the charges or some one or them beyond a reasonable doubt; and
 Tn the absence of proof sufficient to show his guilt beyond reasonable doubt the defendant should be acquitted
 Judgment for defendant Opinion Per l Curiam.
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