Judge v. Wilkins
Supreme Court of Alabama
EheoR to the Chancery Court of Mobile. Tried before the lion. J. W. Lesesne. I.Can the court afford relief or take jurisdiction of the cause? A court of chancery has an undoubted jurisdiction to relieve against every species of fraud, whether, 1. Malus dolus and actual, arising from facts and circumstances of imposition; 2. Or apparent from the intrinsic 'nature and subject of the bargain itself, such as no man in his senses, and not under a delusion, would make on the one…
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EheoR to the Chancery Court of Mobile. Tried before the lion. J. W. Lesesne. I.Can the court afford relief or take jurisdiction of the cause? A court of chancery has an undoubted jurisdiction to relieve against every species of fraud, whether, 1. Malus dolus and actual, arising from facts and circumstances of imposition; 2. Or apparent from the intrinsic 'nature and subject of the bargain itself, such as no man in his senses, and not under a delusion, would make on the one hand, and no honest and fair man would accept on the other; 3. Or such as may be presumed from the circumstances and…
1Opinion of the CourtDargam., C. J.
William Judge, who resided in Butler 'County, Alabama, left the State when about eighteen years1 of .•age, and went to Mississippi. After remaining there for a time he left Mississippi and went to Texas, where he remained until the summer of 1841. At the time he left Alabama he owned a negro woman and her three children, which were in the posses.sion of his guardian, and during his -absence she had two other ■children. His guardian also left Alabama, and abandoned the •charge and control of the slaves, but Joseph Dunklin, the broth•er-in-law of .Judge, took possession of them as his agent and…
2Cases cited1 opinion
- Osgood v. FranklinNew York Court of Chancery · 1816
3Cited by14 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- McLeod v. McLeodSupreme Court of Alabama · 1906
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Williamson v. MatthewsSupreme Court of Alabama · 1980
- Malone v. KelleySupreme Court of Alabama · 1875
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