Undue influence arises wherever a person who stands in a fiduciary relation towards another, uses such fiduciary relation to secure an unfair contract from the person towards whom he stands in such relation, and also when a person though not standing in a fiduciary relation towards another, still stands in such relation to him that he is able to control his actions and uses this influence for the purpose of securing such unfair contracts.20 The doctrine of undue influence originated in the courts of equity, is generally applied in these counts and will be considered more fully under the subject of Equity Jurisprudence.21

16 Morse vs. Woodworth, 155 Mass., 233, 250; 29 N. E. 525, 27 N. E. 1010.

17 Shirk vs. Neible, 59 N. E. 281, 156 Ind., 66.

18 Hinea vs. Conrs, 93 Ind., 266

272; Wolff vs. Bluhm, 23; Stanley vs. Dunn, 143 Ind., 495; 42 N. E., 908. 19 Mayer vs. Oldham, 32 I11., App. 233; Plummer vs. People, 16 I11., P. 360.

20 Long vs. Mulford, 17 Ohio St., 484, 93 Am. D. 638; 604 605; Clark vs. Clark, 9 Ap.

Cas. 733, Young vs. Hooper, 73 Ala., 119. 31 Volume VII, Subject 20.