Elliott v. Boaz
Supreme Court of Alabama
Writ of Error to'the Court of Chancery sitting in Talladega. The defendants in error filed their bill, setting forth that they executed their two promissory notes for the sum of $ 175 each, payable to the plaintiff, Huey, in consideration of forty acres of land, which Elliott had bargained and sold to Boaz, but which were conveyed to the complainant, Davis, in virtue of such sale, by Huey, in whom the legal title was vested.
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Writ of Error to'the Court of Chancery sitting in Talladega. The defendants in error filed their bill, setting forth that they executed their two promissory notes for the sum of $ 175 each, payable to the plaintiff, Huey, in consideration of forty acres of land, which Elliott had bargained and sold to Boaz, but which were conveyed to the complainant, Davis, in virtue of such sale, by Huey, in whom the legal title was vested. It is alledged that Elliott, well knowing the boundaries of the land, represented them falsely to the purchaser, by affirming that ten or eleven acres of a field were…
1Opinion of the CourtCollier, C. J.
In Younge v. Harris’s adm’r, et al., 2 Ala. Rep. 108, it was held, that, where one is induced to purchase land in consequence of the fraudulent representation of the vendor in respect to the title, the falsity of which he had no means of ascertaining by the exercise of ordinary diligence, he may havé relief in chancery, although he still retains the possession — it being shown that the vendee had died, leaving his estate insolvent, and that the vendor has paid part of the purchase money. So where the vendor of land represented to a person who afterwards became the purchaser, that an open…
2Cases cited5 opinions
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Chapman v. ChunnSupreme Court of Alabama · 1843
- Camp v. CampSupreme Court of Alabama · 1841
- Duncan v. JeterSupreme Court of Alabama · 1843
- Calloway v. McElroySupreme Court of Alabama · 1842
3Cited by14 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- In Re MeiselmanCourt of Appeals for the Second Circuit · 1939
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Bell v. ThompsonSupreme Court of Alabama · 1859
- Garner, Neville & Co. v. LeverettSupreme Court of Alabama · 1858
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