Allen v. Lewis
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 12th March, 1880, by John Lewis, against John A. Allen and others; and sought the rescission of a contract, by which complainant sold and conveyed to said Allen a tract of land, a cancellation of the' conveyance, and an account of' the rents and profits of the land while in the possession of the several defendants.
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Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 12th March, 1880, by John Lewis, against John A. Allen and others; and sought the rescission of a contract, by which complainant sold and conveyed to said Allen a tract of land, a cancellation of the' conveyance, and an account of' the rents and profits of the land while in the possession of the several defendants. The land contained eighty acres, and the price paid was $15. The complainant had bought the land from one Culver, and had paid for it, but had not received a…
1Opinion of the CourtStone, J.
— As a general rule, costs in equity may be decreed against either party, or may be apportioned, in the discretion of the chancellor; and an error in this regard, if there be nothing more in the case, is no ground for a reversal. 1 Brick. Dig. 733, §§ 137L-5. We have rulings which slightly modify this rule, and hold that, if a substantial question be presented on appeal, the decree may be varied as to costs, although affirmed in every other material point. — lb. § 1379. We need not say whether we approve this doctrine or not, as it does not arise in this case.
The rule we have announced is…
2Cases cited3 opinions
- De Salvatore v. StateSupreme Court of Delaware · 1960
- Moses v. DadeSupreme Court of Alabama · 1877
- Eastburn v. KirkNew York Court of Chancery · 1817
3Cited by7 opinions
- Francis v. WhiteSupreme Court of Alabama · 1904
- Manning v. CarterSupreme Court of Alabama · 1917
- Dozier v. PayneSupreme Court of Alabama · 1943
- Sibley v. HutchisonSupreme Court of Alabama · 1928
- Connor v. ArmstrongSupreme Court of Alabama · 1890
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