Haden v. Ware
Supreme Court of Alabama
Error to the Chancery Court of Montgomery. Before the Hon. A. Crenshaw, Chancellor. The bill which was filed by the plaintiff in error, alledges, that Cowe Hadjo, an Indian of the Creek tribe, was entitled as a reservee to the west half of section thirty-four, township seventeen, range twenty-one, east, in the Tallapoosa land district, and that he sold said land to James C. Watson & Co.; that on the 30th of July, 1839, James C. Watson Co., for a valuable consideration,…
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Error to the Chancery Court of Montgomery. Before the Hon. A. Crenshaw, Chancellor. The bill which was filed by the plaintiff in error, alledges, that Cowe Hadjo, an Indian of the Creek tribe, was entitled as a reservee to the west half of section thirty-four, township seventeen, range twenty-one, east, in the Tallapoosa land district, and that he sold said land to James C. Watson & Co.; that on the 30th of July, 1839, James C. Watson Co., for a valuable consideration, assigned, and relinquished the land, to one Robert G. Haden, by way of compromise, and settlement, of conflicting land…
1Opinion of the CourtDargan, J.
The proof altogether fails to establish, that the defendant in error practised any fraud or imposition on the plaintiff, in the execution of the contract. But it is contended, that the complainant is entitled to relief on the ground of mistake; that at the time of entering into the contract, he had the title to the land, and he made the purchase in ignorance of his rights, and by the contract he acquired no title, nor did Ware, the defendant, part with any. On this ground it is contended, that equity ought to relieve him. It therefore becomes necessary to examine if there was a mistake, and…
2Cases cited2 opinions
- Champlin v. LaytinNew York Court of Chancery · 1836
- Herring v. M'ElderrySupreme Court of Alabama · 1837
3Cited by10 opinions
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Hinson v. ByrdSupreme Court of Alabama · 1953
- Burns v. Hamilton's Adm'rSupreme Court of Alabama · 1858
- Norton v. Nebraska Loan & Trust Co.Nebraska Supreme Court · 1892
- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
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