Glenn v. City of Birmingham

The bill is by the city of Birmingham seeking cancellation, upon the theory of a rescission, of a deed to certain real estate therein described, executed by the city to the defendant Agnes Glenn upon a recited consideration of $442.22. The appeal is by defendant from a decree overruling her demurrer to the bill.

Appellant argues upon the assumption that fraud is an essential to the equity of the bill, as illustrated by the cases of Bullard Shoals Mining Co. v. Spencer, 208 Ala. 663, 95 So. 1; Davidson v. Brown, 215 Ala. 205, 110 So. 384. See, also, for other and different illustrations:…