Parker v. Parker
Supreme Court of Alabama
Bill in Equity for Rescission of Contract. Appeal from the Chancery Court of Jefferson.. Heard before the Hon. Thomas Cobbs.
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Bill in Equity for Rescission of Contract. Appeal from the Chancery Court of Jefferson.. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 13th January, 1890, by Martin Parker and his wife, against James E. Parker and his wife and George Turner and his wife; and sought the rescis- • sion of a contract for the exchange of two tracts of land between said Martin and James Parker, and the cancellation of the conveyances which they had executed to each other. On final hearing on pleadings and proof, the chancellor dismissed ■the bill, and his decree is here assigned as…
1Opinion of the CourtStone, C. J.
— The parties to this suit are all illitera! e, none of them being able to write their names. The litigants are brothers. Martin Parker owned a small tract of land in Jefferson county, and James E. Parker a tract of about the same size in Shelby county. The mineral rights of each tract had been sold by former owners, before either of them acquired their several ownershijis; so that neither of them ever •owned the mineral rights in their respective holdings. In'October, 1886, the brothers agreed on an exchange of lands, the *81one for the tract of the other, and each executed a deed to the oiher,…
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