Legal Opinion

Martin v. Martin

Supreme Court of Alabama

Decided January 15, 1860PublishedCited by 31 opinions

Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The bill in this case was filed on the 14th September, 1857, by Betsey Martin, against Mary Martin, both individually and as executrix of the last will and testament of Shadrach Martin, deceased, together with the several children and heirs-at-law of said Shadrach; and sought, 1st, the rescission of a contract, by which the complainant, in consideration of the sum of $3,500 paid her by said Mary…

Read the full summary

Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The bill in this case was filed on the 14th September, 1857, by Betsey Martin, against Mary Martin, both individually and as executrix of the last will and testament of Shadrach Martin, deceased, together with the several children and heirs-at-law of said Shadrach; and sought, 1st, the rescission of a contract, by which the complainant, in consideration of the sum of $3,500 paid her by said Mary Martin, released to the latter her right to dower and a distributive share in the estate of said Shadrach Martin; and,…

1Opinion of the CourtA. J. Walker, C. J.

We have recently considered the question, whether it is indispensable .to the maintenance of a bill for the rescission of a contract .on the ground of fraud, that there should have been an antecedent restoration, or offer of restoration, of what the complainant had received under the contract; and we regard that question as settled in the negative. — Garner, Neville & Co. v. Leverett, 32 Ala. 410; Bailey v. Jordan, ib. 50. See, also, Abbott v. Allen, 2 Johns. Ch. R. 519; Parham v. Randolph, 4 Howard’s (Miss,) R. 435; Edwards v. McLeay, Cooper's Ch. Cas. 308; S. C., 2 Swanst. 302.

[2.] It is a…

2Cases cited18 opinions

  1. President of the Bank of Alabama v. DaltonSupreme Court of the United States · 1850
  2. People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
  3. Sayre v. WisnerNew York Supreme Court · 1832
  4. Martin's Heirs v. MartinSupreme Court of Alabama · 1853
  5. Owen v. SlatterSupreme Court of Alabama · 1855

13 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Tyson v. Johns-Manville Sales Corp.Supreme Court of Alabama · 1981
  2. Harrison v. HeflinSupreme Court of Alabama · 1875
  3. Wilks v. WilksSupreme Court of Alabama · 1912
  4. Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
  5. King v. Livingston Manufacturing Co.Supreme Court of Alabama · 1915

26 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API