Lanier v. Hill
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Claek. The bill in this case was filed by the appellants, to obtain the rescission of a contract for the sale of certain lands, and an injunction against a judgment at law on the notes for the purchase-money.
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Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Claek. The bill in this case was filed by the appellants, to obtain the rescission of a contract for the sale of certain lands, and an injunction against a judgment at law on the notes for the purchase-money. The chancellor dismissed the bill, on final hearing; but his decree was reversed on error, and the cause remanded. — See 25 Ala. 554. After the remandment of the cause, the complainant asked leave to amend his bill, so as to negative the facts set up by Culberson, in his answer to the original bill, as to the…
1Opinion of the Court
"WALKER, J.
The opinion previously pronounced in this case, (25 Ala. 554,) which is the law of the ease, covers every question now presented, except the motions to amend the bill, to take testimony, to suppress the deposition of Rossen, and to dismiss the bill without prejudice, which were made in the court below after the remandment of the cause.
1. The matter proposed as an amendment to the bill merely involved a negation of defensive averments brought forward in the answer. Consequently, it was neither necessary nor proper to amend the bill by the proposed addition to it. It is when…
2Cases cited5 opinions
- Innes v. LansingNew York Court of Chancery · 1839
- Lanier v. HillSupreme Court of Alabama · 1854
- Rumbly v. StaintonSupreme Court of Alabama · 1854
- Howard v. BugbeeSupreme Court of Alabama · 1854
- Thomas v. ThomasCourt of Appeals of Kentucky · 1823
3Cited by5 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Stein v. McGrathSupreme Court of Alabama · 1900
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Brunson v. Rosenheim & SonSupreme Court of Alabama · 1907