Shahan v. Brown
Supreme Court of Alabama
Appeal from Gadsden City Court. . Heard before Hon. John H. Disque. Bill by J. R. Brown against W. P. Shahan to rescind :sale of land on account of misrepresentation. Decree .for complainant and respondent appeals.
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Appeal from Gadsden City Court. . Heard before Hon. John H. Disque. Bill by J. R. Brown against W. P. Shahan to rescind :sale of land on account of misrepresentation. Decree .for complainant and respondent appeals. Tbe demurrers to tbe "bill should have been sustained. 1st, because tbe purchaser was put in possession. 2nd, be accepted a warranty deed and concedes that tbe vendor^ has a good title. 3rd, does not aver fraud or misrepresentation on tbe part of tbe appellant; and, 4th, it is not averred ltbat appellant is insolvent. — Fields v. Clayton, 117 Ala. .'540; Burkett v. Mumford, 70 Ala.…
1Opinion of the CourtSayre, J.
The city court of Gadsden, sitting in equity, on the prayer of Brown, decreed the rescission of a deed which Shahan had made to complainant. The deed had been executed and delivered on May 15, 1907, conveying a parcel of land which was described as follows, and not otherwise: “Lot two and lot three, block 542, up to the line of the T. & O. Railroad according to the map of the Attalla Iron & Steel Company in Etowah County, Alabama.” It is agreed that the map referred to was not on record at the time. This, however, is not considered to be of special importance. The averment of the bill is that…
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