Harrison v. Deramus
Supreme Court of Alabama
Appeal fro in the Chancery Court of Lowndes. Heard before the Hon. "Wade Keyes. The bill in this case was filed by James Harrison, against Henry G. Deramus, and alleged the following facts: That on the 29th January, 1852, complainant purchased from defendant, at the price of $4,000, a tract of land in Autauga county, on which were a dwelling-house, a saw-mill, and some other improvements, and which was represented by defendant to contain about eleven hundred acres; that at…
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Appeal fro in the Chancery Court of Lowndes. Heard before the Hon. "Wade Keyes. The bill in this case was filed by James Harrison, against Henry G. Deramus, and alleged the following facts: That on the 29th January, 1852, complainant purchased from defendant, at the price of $4,000, a tract of land in Autauga county, on which were a dwelling-house, a saw-mill, and some other improvements, and which was represented by defendant to contain about eleven hundred acres; that at the time this contract was made, no conveyance of the lands was executed by the defendant, but a written memorandum was…
1Opinion of the Court
BICE, C. J.—
It maybe admitted,that “exhibit A” to the bill shows what the contract originally was between the parties, and that if the complainant had not after-wards accepted the conveyance, bearing date February 5, 1852, and treated it as a valid conveyance, after notice of the deficiency in the quantity of the lands, he would have been entitled to redress in a court of chancery.-—Springle v. Shields, 17 Ala. Rep. 295; Thrasher v. Pinckard, 23 Ala. R. 616 ; Hill v. Buckley, 17 Vesey, 393; Couse v. Boyles, infra.
It may be further admitted, that if the complainant had proved the allegations…
2Cases cited11 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Knotts v. TarverSupreme Court of Alabama · 1845
- Sims v. McEwen's Adm'rSupreme Court of Alabama · 1855
- Springle's Heirs v. ShieldsSupreme Court of Alabama · 1850
- Russell v. LittleSupreme Court of Alabama · 1856
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3Cited by3 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Bell v. ThompsonSupreme Court of Alabama · 1859
- Bromberg v. Eugenotto Construction Co.Supreme Court of Alabama · 1908