Gallagher v. Witherington
Supreme Court of Alabama
Appeal from the Chancery Court of Monroe. Heard before the Hon. Wade Keyes. This bill was filed by Mrs. Martha Gallagher against Augustus L. Witherington, asking the rescission of a contract for the purchase of a tract of land containing one hundred and sixty acres, on account of the vendor’s alleged fraud and defect of title to a portion of the land ; an injunction of a judgment on the notes for the purchase money, and general relief.
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Appeal from the Chancery Court of Monroe. Heard before the Hon. Wade Keyes. This bill was filed by Mrs. Martha Gallagher against Augustus L. Witherington, asking the rescission of a contract for the purchase of a tract of land containing one hundred and sixty acres, on account of the vendor’s alleged fraud and defect of title to a portion of the land ; an injunction of a judgment on the notes for the purchase money, and general relief. All the facts of the case will be readily understood from the opinion.
1Opinion of the CourtWalker, J.
Under the pleadings and proof in this case, the complainant was properly denied a rescission of the contract. The vendor, by the terms of his bond for titles, was under no obligation to make title, until the purchase money was paid. The complainant, upon discovering that forty acres of the land purchased by her was public land, entered it before the purchase money was all due, and when but a small portion of it had been paid. She did not notify her vendor, or his agent, although the latter resided in her vicinity, of the defect of title, or call upon either to supply it. The cost and expenses…
2Cases cited6 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Griggs v. WoodruffSupreme Court of Alabama · 1848
- Clemens v. LogginsSupreme Court of Alabama · 1840
- Duncan v. JeterSupreme Court of Alabama · 1843
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3Cited by5 opinions
- Davis v. AndersonSupreme Court of Alabama · 1929
- Garner, Neville & Co. v. LeverettSupreme Court of Alabama · 1858
- Ketchum v. CreaghSupreme Court of Alabama · 1875
- Purcell v. LaySupreme Court of Alabama · 1887
- Vice v. LittlejohnSupreme Court of Alabama · 1896