Starke v. Hill
Supreme Court of Alabama
Wbit of error to the Circuit Court of Tallapoosa.- Assumpsit by Hill, as the administrator of John C. Webb, suing for the use of Todd, against Starke and others, as the makers of a promissory note.
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Wbit of error to the Circuit Court of Tallapoosa.- Assumpsit by Hill, as the administrator of John C. Webb, suing for the use of Todd, against Starke and others, as the makers of a promissory note. At the trial, the defendants proved that the note was given for certain tracts of land, which formerly belonged to John C. Webb, since deceas'ed, and that' they were sold by the plaintiff as administrator, with the will annexed on the estate of said Webb, but the will contained no authority to make the sale, nor was there any order of court authorising the plaintiff to sell the land. At the sale,…
1Opinion of the CourtColdthwaite, J.
This case presents substantially the same facts as those upon which the decision in Cullum v. Branch *787Bank at Mobile, [4 Ala. Rep. 21,] was founded. That determines that the acceptance of a deed with warranty, prevents the purchaser from setting up either fraud or failure of consideration at law, in defence of a note given for the purchase of land. And also, that a court of equity is the proper forum to apply for relief, when it is wished to rescind the contract.
Judgment affirmed.
2Cases cited1 opinion
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
3Cited by4 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Jones v. StateSupreme Court of Alabama · 1893
- Norton v. JacksonCalifornia Supreme Court · 1855
- Getchell v. ChaseSupreme Court of New Hampshire · 1858