Stark v. Henderson
Supreme Court of Alabama
Appeal from tbe Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. This bill was filed by 'William G. Stark and Joseph C. Rawls, against Henry Henderson and others ; seeking the rescission of a contract for the purchase of certain lands, and an injunction of a judgment at law on the note for the purchase-money.
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Appeal from tbe Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. This bill was filed by 'William G. Stark and Joseph C. Rawls, against Henry Henderson and others ; seeking the rescission of a contract for the purchase of certain lands, and an injunction of a judgment at law on the note for the purchase-money. The lands were sold, at public auction, by Green W. Hill, as administrator with the will annexed of John 0. Webb, deceased, under the erroneous supposition that the will authorized him to sell; and were purchased by said Stark, who was induced to buy by the…
1Opinion of the CourtStone, J.
In the case of Lanier v. Hill, 25 Ala. 554, this court passed upon the identical contract presented by this record, and held, that the purchaser was entitled to relief in equity. That decision is decisive of this case, unless the giving of the new note places Henderson’s rights on a firmer footing.
*440It is contended for Henderson, that in ignorance of any defense to tbe first note, be did, at tbe instance of Stark and Bawls, dismiss bis first suit, and extend tbe debt by taking a new note; that be thus surrendered bis right to take judgment in tbe suit then pending, and, in effect, gave…
2Cases cited4 opinions
- Lanier v. HillSupreme Court of Alabama · 1854
- Bullock v. OgburnSupreme Court of Alabama · 1848
- Finn v. BarclaySupreme Court of Alabama · 1849
- Holt v. RobinsonSupreme Court of Alabama · 1852
3Cited by4 opinions
- Foster v. Bush & Co.Supreme Court of Alabama · 1894
- Blount County Bank v. Robinett McCayAlabama Court of Appeals · 1929
- Orr v. StewartAlabama Court of Appeals · 1915
- Oldacre v. StuartSupreme Court of Alabama · 1898