Crooker v. White
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Bryant L. White and another against E. R. Crooker and another, to rescind a contract for fraud, and to cancel certain notes and mortgages given therefor. Decree for complainants and respondents appeal.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Bryant L. White and another against E. R. Crooker and another, to rescind a contract for fraud, and to cancel certain notes and mortgages given therefor. Decree for complainants and respondents appeal. The bill cannot be maintained for the reason that it attempted to remove a cloud upon title, and the complainants are not in possession of the land.- — Creighton v. Johnson, 27 Ala. 803; Tyson v. Brown, 64 Ala. 244; Bonner v. Bonner, 64 Ala. 375; Curry v. Peoples, 83, Ala. 225; Ashurst v. McKenzie, 92 Ala. 484; Brotan…
1Opinion of the CourtSayre, J.
The bill in this cause in its aspect of primary importance sought a decree for the rescission of a contract of sale by the appellants to the appellees of an agency right to vend the family right to use the “Mystic clothes washer,” and the cancellation of notes and a mortgage given to secure the purchase price. The *479gravamen of the bill is to be found in its fifth paragraph as amended, which is as follows: “Orators further aver that the said I. I. Ward represented to them that the said Mystic clothes washer and wringer were articles easy to sell and admirably adapted for the purpose for which…
2Cases cited6 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Tabor v. PetersSupreme Court of Alabama · 1883
- Allen v. HartIllinois Supreme Court · 1874
- Howle v. North Birmingham Land Co.Supreme Court of Alabama · 1891
- Hooper v. WhitakerSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Berkel & Co. Contractors v. Providence Hosp.Supreme Court of Alabama · 1984
- Pryor v. Oak Ridge Development Corp.Supreme Court of Florida · 1928
- Bullard Shoals Mining Co. v. SpencerSupreme Court of Alabama · 1922
- Turner v. SullivanSupreme Court of Alabama · 1961