Winn v. Dillard
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. Charles Turner. Tbe original bill in this case was filed on tbe 17th December, 1875, by A. W. Dillard, against Mrs. Willie G. Winn; and sought a rescission of a contract made in August, 1872, by which, tbe defendant sold and conveyed a tract of laud to the complainant, A rescission of the contract was sought on the ground that the lands were very much infested with “ cocoa grass ” and “ wire grass,” which…
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Appeal from the Chancery Court of Marengo. Heard before the Hon. Charles Turner. Tbe original bill in this case was filed on tbe 17th December, 1875, by A. W. Dillard, against Mrs. Willie G. Winn; and sought a rescission of a contract made in August, 1872, by which, tbe defendant sold and conveyed a tract of laud to the complainant, A rescission of the contract was sought on the ground that the lands were very much infested with “ cocoa grass ” and “ wire grass,” which greatly impaired their value, and rendered their cultivation more difficult and costly, while they were unfit for pasturage;…
1Opinion of the CourtBrickell, C. J.
The appellee filed an original bill, for the rescission of a contract for the purchase of lands, made with the appellant. The bill was filed in the proper chancery district; but, the chancellor having an interest in the suit, on the application of the appellant it was transferred to another division and district. At the time of the transfer, the case was standing for hearing, on the demurrer of the appellant to the original bill, no answer having been made. After the transfer, additional grounds of demurrer were filed; and a decree was rendered, overruling the demurrer in part, and in part…
2Cases cited4 opinions
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1865
- Stallings v. NewmanSupreme Court of Alabama · 1855
- Caldwell v. MaySupreme Court of Alabama · 1828
- Hightower v. KennedySupreme Court of Alabama · 1847
3Cited by11 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Pepper v. HornSupreme Court of Alabama · 1916
- Francis v. ScottSupreme Court of Alabama · 1954
- Williams v. Jefferson CountySupreme Court of Alabama · 1954
- Barclay v. SpraginsSupreme Court of Alabama · 1885
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