Foster v. Kennedy's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Cotirt of Randolph, Tried before the Horn James B. Martin. This action was brought by John. A, H. Kennedy and Evaline E, Kennedy, his wife, (and revived, on the death of Mrs. Kennedy pending the suit, in-; the name of her administrator,) against Charles Foster, to recover damages for a deceit in the sale of a tract of land ’by .said Foster to Mrs. Kennedy; and was commenced on the 6th January, 1859. The land was described in the complaint as “ tho…
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Appeal from the Circuit Cotirt of Randolph, Tried before the Horn James B. Martin. This action was brought by John. A, H. Kennedy and Evaline E, Kennedy, his wife, (and revived, on the death of Mrs. Kennedy pending the suit, in-; the name of her administrator,) against Charles Foster, to recover damages for a deceit in the sale of a tract of land ’by .said Foster to Mrs. Kennedy; and was commenced on the 6th January, 1859. The land was described in the complaint as “ tho south-west fourth of the north-west»; quarter of section five, and the south-east fourth and north-east 'fourth of the…
1Opinion of the CourtA. J. Walker, C. J.
1. The evidence of Clifton tended to show, that the defendant misrepresented the location of the lines oí the land, and did so knowingly; and it requires no argument to prove that his evidence was admissible. But, under the averments of the complaint, the evidence of the witness Berryhill was not admissible. The alleged misrepresentation was, that the mill-pond and mill were on the south-west quarter of the north-west quarter of section five, township twenty, range ten; and Berryhill was allowed to testify, that if the entire pond had been included in the tract represented in the diagram,…
2Cases cited4 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Foster v. Gressett's HeirsSupreme Court of Alabama · 1856
- Blackman v. JohnsonSupreme Court of Alabama · 1859
3Cited by22 opinions
- Lynn Strickland Sales & Serv., Inc. v. AERO-LANE FAB., INC.Supreme Court of Alabama · 1987
- Hall Motor Company v. FurmanSupreme Court of Alabama · 1970
- Judd v. WalkerSupreme Court of Missouri · 1908
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Grabenheimer v. BlumTexas Supreme Court · 1885
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