Terrell v. Kirksey
Supreme Court of Alabama
Error to the Court of Chancery sitting at Linden. Before the Hon. A. Crenshaw. The bill was filed by the plaintiff in error, and charges, that he purchased a tract of land of the defendant, at the price of $20 per acre, which is described by its designation at the land office.
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Error to the Court of Chancery sitting at Linden. Before the Hon. A. Crenshaw. The bill was filed by the plaintiff in error, and charges, that he purchased a tract of land of the defendant, at the price of $20 per acre, which is described by its designation at the land office. That the defendant represented that the tract contained six hundred acres, and relying on his representations, and having no other information on the subject, he purchased the land and executed his notes for $12,000, payable in three annual instalments, all of which he has paid except about the sum of $600. The bill…
1Opinion of the CourtCollier, C. J.
Fraud, it is said, is not to be presumed, but must be established by proof. Not, however, by mere circumstances of suspicion leading to certain results, but if not by positive and express proof, at least by circumstances affording strong presumptions. If one person makes a representation to another who is going to deal in a matter of interest, upon the faith of that representation, he shall make it good, if he knew it to be false. But to induce the interference of equity in such a case, it is not enough to establish the fact of misrepresentation; it must also be shown to be in a matter…
2Cases cited5 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Barry v. FoylesSupreme Court of the United States · 1828
- Cowger v. GordonIndiana Supreme Court · 1835
- Butterfield v. CooperNew York Supreme Court · 1826
- Capshaw v. FennellSupreme Court of Alabama · 1848
3Cited by10 opinions
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Hodges v. DennySupreme Court of Alabama · 1888
- Winston v. BrowningSupreme Court of Alabama · 1878
- Bankhead v. JacksonSupreme Court of Alabama · 1952
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