Knotts v. Tarver
Supreme Court of Alabama
Error to the Chancery Court of Russell. The bill was filed by the plaintiff in error, and charges in substance, that the defendant as his agent, undertook to purchase for him from one John Freeman, a tract of land which is described. That it was supposed the land could be purchased for f 1,100, and to enable the agent to make it, he executed two notes paya» ble to Freeman, for $550 each, and delivered them to him.
Read the full summary
Error to the Chancery Court of Russell. The bill was filed by the plaintiff in error, and charges in substance, that the defendant as his agent, undertook to purchase for him from one John Freeman, a tract of land which is described. That it was supposed the land could be purchased for f 1,100, and to enable the agent to make it, he executed two notes paya» ble to Freeman, for $550 each, and delivered them to him. That he proceeded to make the purchase, and did purchase the land from Freeman for $ 1,100, giving him the two notes of complainant, and taking a bond for title from Freeman to…
1Opinion of the CourtOrmond, J.
If this bill can be sustained, it must be on the ground of fraud, or that there is an account to be settled between the parties. These acknowledged heads of equity, are not of themselves sufficient to confer jurisdiction on a court of chancery. No matter how gross the fraud may be, if the party can have full, complete and adequate redress at law, he cannot go into a court of equity. This is a well established principle, and the contrary doctrine would fill the courts of chancery with suits, which could be better, and more cheaply adjudicated in the courts of law. The principle was recognized…
2Cases cited1 opinion
- Kirkman v. VanlierSupreme Court of Alabama · 1844
3Cited by29 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
- Merritt v. EhrmanSupreme Court of Alabama · 1896
24 more not listed; retrieve them via the Exa API.