Hubbard v. Moseley’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““With reference to the burden of proof on the issue of undue influence, the rule in respect to a will (not the same in transactions inter vivos), the burden is shifted to the favored beneficiary by evidence of confidential relations when there is proof of undue activity on his part in procuring its-execution. When that is proven there is a presumption of undue influence which may be overcome ‘by proof that the donor had competent independent advice, or by other evidence sufficient to satisfy the judicial conscience that the transaction resulted from the voluntary and well-understood act of the donor.’ Betz v. Lovell, 197 Ala. 239 , 72 So. 500, 501 ; Mindler v. Crocker, 245 Ala. 578 , 18 So.2d 278 ; Cook v. Morton, 241 Ala. 188 , 1 So.2d 890 ; Scarbrough v. Scarbrough, 185 Ala. 468 , 64 So. 105 ; Jones v. Brooks, 184 Ala. 115 , 63 So. 978 ; Bancroft v. Otis, 91 Ala. 279 , 8 So. 286 . The term ‘judicial conscience’ means no more than reasonable satisfaction. Coghill v. Kennedy, 119 Ala. 641, 644 (17), 24 So. 459 .””

   2 later decisions quote this exact passage · from the majority
   e.g. Grady v. Wallace · Johnson v. Howard