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← 423 SO2D 222 - Seals v. Seals

Seals v. Seals’s Empirical Analysis

1982

Citation profile

10
cited by 10 later decisions
1
states following
September 2013
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently September 2013

10 state decisions

701982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Rodgers v. Thornton · Harris v. Bowles · Smith v. State · Putnam v. Putnam · Halman v. Bullard

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"The relationship of parent and child is confidential as it relates to the question whether the deed from parent to child can be set aside as having been procured by undue influence. The burden was on [the defendant] to rebut the presumption of undue influence if the evidence tended to show that he was the dominant party.... "In order for undue influence to arise, the influence must destroy the free agency and substitute the will of another for that of the person nominally acting. Halman v. Bullard, 261 Ala. 115 , 73 So.2d 351 (1954). In Halman , the Court, citing Harris v. Bowles, 208 Ala. 545 , 94 So. 757 (1922), stated: "`[S]olicitation does not amount to undue influence unless the grantor be worn out with importunities so that his will gives way .... [Emphasis added in Halman . ] "`... [U]ndue influence is charged, and must necessarily be proven to overthrow the transaction. Influence which is the result of sympathy and affection only is not the undue influence that is condemned by the law.'..." (Emphasis added.)”
    1 later decision quote this exact passage
  2. “The relationship of parent and child is confidential as it relates to the question whether the deed from parent to child can be set aside as having been procured by undue influence. The burden was on [the defendant] to rebut the presumption of undue influence if the evidence tended to show that he was the dominant party....”
    1 later decision quote this exact passage
  3. ““In order for undue influence to arise, the influence must destroy the free agency and substitute the will of another for that of the person nominally acting.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.