Balkum v. Breare
Supreme Court of Alabama
Appeal from Chancery Court of Henry and Dale. Heard before Hon. B. B. MoOraw. The facts are sufficiently stated in the opinion. 1. The demurrer to bilí for want of equity should have been sustained. 1st. because fraud alone is not sufficient to confer jurisdiction on a court of chancery.
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Appeal from Chancery Court of Henry and Dale. Heard before Hon. B. B. MoOraw. The facts are sufficiently stated in the opinion. 1. The demurrer to bilí for want of equity should have been sustained. 1st. because fraud alone is not sufficient to confer jurisdiction on a court of chancery. No matter how gross the fraud may be* if the party can have full, complete and adequate redress at law, he can not go into a court of equity.”- — Knotts v. Tarver, 8 Ala. 743. The action “ for money had and received ” affords a full and adequate remedy at law for this alleged wrong. — Sadler el al. v.…
1Opinion of the CourtPeters, J.
This- is a bill in equity, filed by Mrs. Breare, the appellee, against Balkum, the appellant, to compel him to account to her for a certain balance of the proceeds of a certain claim in her favor, against the superintendent of the public schools in the county of Henry in this State, which said Balkum had gotton from her by fraud, falsehood and overreaching her, and collected. On the hearing in the court below, there was a decree in favor of the complainant, Mrs. Breare, in conformity with the prayer of her bill. From this decree the respondent, said Balkum, appeals to this court, and here…
2Cases cited1 opinion
- Boney v. HollingsworthSupreme Court of Alabama · 1853
3Cited by6 opinions
- Kyle v. PerdueSupreme Court of Alabama · 1891
- Richter v. RichterSupreme Court of Alabama · 1913
- Thomas v. DavisSupreme Court of Alabama · 1941
- Abercrombie v. CarpenterSupreme Court of Alabama · 1907
- Brock v. BrockSupreme Court of Alabama · 1944
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