Coleman v. First National Bank
Supreme Court of Alabama
Appeal from, the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellee against the appellant, to enforce a vendor’s lien. The facts of the case are sufficiently stated in the opinion. Upon. the final submission of the cause, upon the pleadings and proof, the chancellor rendered a decree dismissing respondent’s cross-bill, and holding that the complainant in the original bill was entitled to the relief prayed for.
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Appeal from, the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellee against the appellant, to enforce a vendor’s lien. The facts of the case are sufficiently stated in the opinion. Upon. the final submission of the cause, upon the pleadings and proof, the chancellor rendered a decree dismissing respondent’s cross-bill, and holding that the complainant in the original bill was entitled to the relief prayed for. From this decree the respondent appeals, and assigns the rendition thereof as error. 1. It would be inequitable and…
1Opinion of the CourtHaralson, J.
It is well settled, that "where one by the fraudulent representations of another, in relation to material facts concerning the title to land — the falsehood he had not the means of ascertaining, and could not have ascertained by reasonable diligence, — is induced to invest his money in the purchase of the land, he can have relief in chancery before ah eviction, and without abandoning possession.”—Young v. Harris, 2 Ala. 111; Orendorff v. Tollman, 90 Ala. 443.
In Strong v. Waddell, 56 Ala. 473, it was said: "The law ought to be regarded as finally and definitely settled in this State, after the…
2Cases cited9 opinions
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Strong v. WaddellSupreme Court of Alabama · 1876
- Kilpatrick v. HensonSupreme Court of Alabama · 1886
- Green v. JordanSupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Shahan v. BrownSupreme Court of Alabama · 1910
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Capital Security Co. v. HollandAlabama Court of Appeals · 1912
- Dean v. OliverSupreme Court of Alabama · 1901
3 more not listed; retrieve them via the Exa API.