Bell v. Lawrence's Administrator
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCraw. The bill in this case was filed by M. A. Bell, the appellant, against J. A. Corbitt, as the administrator of the estate of Joseph Lawrence, deceased; and sought to set aside and rescind, on the ground of fraud and mistake, a contract made between the parties in compromise and settlement of a pending suit.
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Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCraw. The bill in this case was filed by M. A. Bell, the appellant, against J. A. Corbitt, as the administrator of the estate of Joseph Lawrence, deceased; and sought to set aside and rescind, on the ground of fraud and mistake, a contract made between the parties in compromise and settlement of a pending suit. The suit was founded on a promissory note for about $3,000, executed in 1860, the consideration of which was either a purchase of slaves, or a purchase of slaves and land. The complainant was the attorney of the…
1Opinion of the CourtBrickell, J.
The bill was filed to rescind a contract into which the complainant deliberately entered, after it had been the subject of frequent negotiation and discussion. The parties with whom he contracted stood to him in no relation of trust or confidence, but were his adversaries in pending litigation. The matter of litigation and dispute was the consideration of a promissory note, which first passed into the hands of the complainant, as a lawyer, for collection; and of which, while the suit thereon was undetermined, he became the purchaser and owner. This suit he compromised, and accepted in full…
2Cited by5 opinions
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