Lanier v. Hill
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. The original bill in this case was filed by Reuben Lanier, David 0. Neal, and William D. Powell, against .Green W. Hill and David Culberson, to obtain a rescission of a contract for the sale of certain lands, and an injunction against a judgment at law on the notes given for the purchase money.
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Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. The original bill in this case was filed by Reuben Lanier, David 0. Neal, and William D. Powell, against .Green W. Hill and David Culberson, to obtain a rescission of a contract for the sale of certain lands, and an injunction against a judgment at law on the notes given for the purchase money. It alleges, that said Green W. Hill, as the administrator with the will annexed of John C. Webb, deceased, after having given notice by public advertisement, sold at public auction certain lands belonging to the estate…
1Opinion of the CourtGoldthwaite, J.
One of the grounds on which the bill was dismissed by the chancellor was, that it contained no allegation that the complainants had obtained a conveyance, with covenants of warranty, from Hill ; but on looking into the bill, we find that it does contain such an allegation. The charge, however, is, that the deed was made to the complainants, and the exhibit and proof show that it was made to Neal alone; but we do not regard this as a material variance: it is a mere clerical error in drawing the bill; and as it is apparent that the deed set out as an exhibit is the conveyance referred to, the…
2Cases cited5 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Andrews v. McCoySupreme Court of Alabama · 1846
- Woodruff v. BunceNew York Court of Chancery · 1842
- Champlin v. LaytinNew York Court of Chancery · 1836
- Harding v. RandallSupreme Judicial Court of Maine · 1839
3Cited by20 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Shahan v. BrownSupreme Court of Alabama · 1910
- Milton v. HadenSupreme Court of Alabama · 1858
- Meeks v. GarnerSupreme Court of Alabama · 1890
- Blackman v. JohnsonSupreme Court of Alabama · 1859
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