Dean v. Oliver
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard before the Hon. Thos. H. Smith. The bill in this ease was filed by Morgan Oliver against P. J. Dean, as administrator of A. W. Oliver and J. L. Blackburn to cancel a deed made by complainant to Dean’s intestate.
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Appeal from the Chancery Court of Perry. Heard before the Hon. Thos. H. Smith. The bill in this ease was filed by Morgan Oliver against P. J. Dean, as administrator of A. W. Oliver and J. L. Blackburn to cancel a deed made by complainant to Dean’s intestate. The deed of the complainant Morgan Oliver and wife to A. W. Oliver, to the land in question, was executed on the 19th November, 1894, and the bill was filed on the 25th January,' 1899. The consideration for the conveyance, as alleged therein, was seventy-five dollars; but the bill alleges, that the consideration was “that the said Oliver,…
1Opinion of the CourtHaralson, J.
The bill .is not filed to enforce a vendor’s lien, to compel payment of unpaid purchase price of land which had been conveyed, nor to remove another deed as a cloud on 'Complainant’s title, but, from its frame and prayer it is one for the rescission of complainant’s own deed to defendant’s intestate, A. W. Oliver, on account of the fraud alleged in its procurement. . .
In B. W. & E. Co. v. E. L. Co., 93 Ala. 549, .it is said: “A promise, strictly speaking, is not a representation. The failure to make it good may give a cause of‘action, but it is not a false representation, which will…
2Cases cited7 opinions
- Manning v. PippenSupreme Court of Alabama · 1888
- Birmingham Warehouse & Elevator Co. v. Elyton Land Co.Supreme Court of Alabama · 1890
- Manning v. PippenSupreme Court of Alabama · 1891
- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
- Baker v. MaxwellSupreme Court of Alabama · 1892
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3Cited by6 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
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- Crosby v. Baldwin CountySupreme Court of Alabama · 1933
- A. J. Cranor Co. v. MillerSupreme Court of Alabama · 1906
- Masberg v. GranvilleSupreme Court of Alabama · 1917
1 more not listed; retrieve them via the Exa API.