Trippe v. Trippe
Supreme Court of Alabama
Appeal from the- Chancery Court of Perry. Heard before the Hon. James B. Clauk. The material facts shown by the record are these :— In September, 1840, Dr. Henry- Trippe and Mary A. Harris, in contemplation of marriage,' entered into an ante-nuptial contract, by wbicb the property, both real and personal, of the said Mary, was secured to her sole and separate use.
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Appeal from the- Chancery Court of Perry. Heard before the Hon. James B. Clauk. The material facts shown by the record are these :— In September, 1840, Dr. Henry- Trippe and Mary A. Harris, in contemplation of marriage,' entered into an ante-nuptial contract, by wbicb the property, both real and personal, of the said Mary, was secured to her sole and separate use. The marriage was soon afterwards solemnized; and the parties lived together as man and wife, until the death of the said Henry. At the time of the marriage, Dr. Trippe bad two children by a former marriage living. The real estate…
1Opinion of the CourtWalker, J.
Chancery will not sustain a conveyance made through a mistake as to a matter which constitutes a material inducement to the act, if that mistake resulted from the misrepresentation of the other contracting party, though innocently made, and it may be fairly presumed from the relation of the parties and the subject of the misrepresentation that the party making the conveyance trusted to the representation. This proposition of law, which must control the decision of this case, is asserted in the opinion of Judge Goldthwaite, in Boney v. Hollingsworth, 23 Ala. 697, qnd is defensible upon…
2Cases cited8 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
- German v. MachinNew York Court of Chancery · 1837
- Coxe v. SmithNew York Court of Chancery · 1820
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bibb v. PopeSupreme Court of Alabama · 1869
- Houston v. FaulSupreme Court of Alabama · 1888
- Scruggs v. Driver's ExecutorsSupreme Court of Alabama · 1857
- Bethea-Starr Packing & Shipping Co. v. MaybenSupreme Court of Alabama · 1915
- Cotton v. ScottSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.