Where litigation is pending regarding property, a transfer of the legal estate to a third party, even without notice of the litigation, is ineffective. The doctrine…
Where relations give a party peculiar opportunities to exercise influence, if that party enters into a contract with or receives a gift from the other, equity…
Two classes of undue influence exist: (1) where influence was expressly used by the donee; (2) where relations raise a presumption of influence. In the first…
Undue influence is a state of mind where a person is subdued by improper persuasion or machination, overpowered, and induced to do an act against his…
A counter-claim does not automatically succeed merely because a reply was not filed. A counter-claim, like the main claim, must be proved on the balance of…
A reply to a counter-claim becomes necessary only if the counter-claim raises a fresh or new issue. Where the issues raised are already covered by the…