Lester v. Mahan
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. Bill for the RESCISSION op a contract. The material facts 'of the case will be readily understood from the opinion of the court.
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Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. Bill for the RESCISSION op a contract. The material facts 'of the case will be readily understood from the opinion of the court. The chancellor decreed the relief prayed, and his decree is now assigned for error. contended that the whole of complainant's testimony consisted of loose, idle declarations, carelessly and lightly made, which were entitled to no weight against the positive denials of the answer ; that the evidence, at most, could raise but a bare suspicion, which was not sufficient to induce the…
1Opinion of the Court
CHILTON, C. J. —
The record presents th'e appellant as seeking to hold on to a tract of land, purchased at less than half its value, of a distressed neighbor, whose property was then shortly to be sold under execution, and to relieve which the sale was made. He was to pay enough to satisfy the execution in money, say $200, and for the remaining $500 gave a deed for certain parcels of land lying in the State of Georgia, estimated in the negotiation as worth that sum. These lands the appellee never saw, and knew nothing about them : consequently the estimate was placed upon them by the…
2Cases cited1 opinion
- M'Cormick v. MalinIndiana Supreme Court · 1841
3Cited by10 opinions
- Hicks v. StevensIllinois Supreme Court · 1887
- Floyd v. GreenSupreme Court of Alabama · 1939
- Pevehouse v. AdamsSupreme Court of Oklahoma · 1915
- Thompson v. LeeSupreme Court of Alabama · 1857
- Bottoms v. NeukirchnerSupreme Court of Oklahoma · 1911
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