Legal Opinion

Thompson v. Lee

Supreme Court of Alabama

Decided June 15, 1857PublishedCited by 22 opinions

Appeal from tbe Oban eery Court of Perry. Heard, before tbe Hon. James B. Clark. The original bill in this case was filed by Thomas M. Thompson, against Columbus ~W. Lee, and sought, 1st, the rescission of a contract for the purchase of a tract of land, on account of the defendant’s misrepresentations as to the quality of the land, and the quantity subject to overflow; 2d, the cancellation of a mortgage on several slaves, which was afterwards given to secure the payment of…

Read the full summary

Appeal from tbe Oban eery Court of Perry. Heard, before tbe Hon. James B. Clark. The original bill in this case was filed by Thomas M. Thompson, against Columbus ~W. Lee, and sought, 1st, the rescission of a contract for the purchase of a tract of land, on account of the defendant’s misrepresentations as to the quality of the land, and the quantity subject to overflow; 2d, the cancellation of a mortgage on several slaves, which was afterwards given to secure the payment of the purchase-money for the land; 3d, the cancellation of a second mortgage, subsequently given for the same purpose; and,…

1Opinion of the CourtStone, J.

— The mass of the evidence in this case is so great, that any attempt at an analysis of it would swell this opinion beyond reasonable dimensions. ~W"e shall, therefore, content ourselves with a statement of the conclusions we draw from it. "We are convinced, then, by the testimony—

1. That Mr. Thompson’s intellect should be classed as ordinary; and that he was credulous, with but little strength of will;

2d. That he trusted in Lee with child-like confidence;

3. That he was induced to purchase the land, partly by the representations of Lee. as to its quality, and partly by Lee’s protestations of…

2Cases cited12 opinions

  1. Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
  2. Fanning v. DunhamNew York Court of Chancery · 1821
  3. Boney v. HollingsworthSupreme Court of Alabama · 1853
  4. Foster v. Gressett's HeirsSupreme Court of Alabama · 1856
  5. Parks v. BrooksSupreme Court of Alabama · 1849

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Deaton v. RushTexas Supreme Court · 1923
  2. Holt v. HoltSupreme Court of Oklahoma · 1909
  3. Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886
  4. Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
  5. Memphis & Charleston Railroad v. WoodsSupreme Court of Alabama · 1889

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API