Baker v. Maxwell
Supreme Court of Alabama
Appeal from Chancery Court of Tuscaloosa. Heard before the Hon. Thos. Cobbs. • On March 29,1889, Charles M. Maxwell and J. W. Sanders filed their bill of complaint against C. C. Baker ; and sought to have rescinded a contract of sale, entered into between the complainants and the, respondent on June 21, 1889. The contract, the rescission of which is prayed for in said bill, was that the complainants, who- were the owners of a lot designated as lot No. 46 in the town of…
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Appeal from Chancery Court of Tuscaloosa. Heard before the Hon. Thos. Cobbs. • On March 29,1889, Charles M. Maxwell and J. W. Sanders filed their bill of complaint against C. C. Baker ; and sought to have rescinded a contract of sale, entered into between the complainants and the, respondent on June 21, 1889. The contract, the rescission of which is prayed for in said bill, was that the complainants, who- were the owners of a lot designated as lot No. 46 in the town of Tuscaloosa, conveyed unto the respondent, Baker the said lot, in consideration of the said Baker transferring to them three…
1Opinion of the CourtMcCLELLAN, J.
The present bill seeks a rescission of a contract made between Maxwell and Sanders of the one part and C. C. Baker, whereby the former conveyed to the latter a certain parcel or lot of land, the consideration being the transfer of three certain mortgages held by Baker to the grantors ; and to have Baker decreed to reconvey the land to Maxwell and Sanders, the complainants, upon a re-transfer and surrender of said mortgages to Baker, which they offer to do. The grounds upon which this relief is prayed are laid in the bill to be fraudulent concealments and misrepresentations of Baker as to the…
2Cases cited4 opinions
- Woodbury v. StateSupreme Court of Alabama · 1881
- Foster v. Gressett's HeirsSupreme Court of Alabama · 1856
- Henry v. AllenSupreme Court of Alabama · 1890
- Griel v. LomaxSupreme Court of Alabama · 1891
3Cited by17 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Dorsey v. DorseySupreme Court of Alabama · 1953
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Stone v. WalkerSupreme Court of Alabama · 1917
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