Garner, Neville & Co. v. Leverett
Supreme Court of Alabama
[BILL IS EQUITY EOR RESCISSION 01? CONTRACT.] Appeal from tbe Chancery Court at Mobile. Heard before the Hon. "Wade Keyes.
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[BILL IS EQUITY EOR RESCISSION 01? CONTRACT.] Appeal from tbe Chancery Court at Mobile. Heard before the Hon. "Wade Keyes. This bill was filed by Hiram 33. Leverett, against Ransom Harrell, Francis Harrell and wife, G-arner, Neville & Co., and Henry L. Reynolds; and sought, 1st, the rescission of a contract, by which complainant purchased certain lands from said Ransom Harrell; and, 2d, an injunction of two judgments, obtained by said Garner, Neville & Co. and Reynolds, respectively, as assignees of the two notes given for the purchase-money. The ground on which a rescission of the contract…
1Opinion of the CourtWalker, J.
The vendor of the complainant perpetrated a most gross and flagitious fraud upon him. The fraud consisted in the representation that the title was good, when the vendor had incumbered it with a mortgage, to secure a debt equal to the value of the land; and in the delivery of a deed to the complainant as genuine, to which the vendor, without authority, subscribed the names of a third person and his wife; whom he represented to have the title. The vendor has left the State, and is insolvent, and the mortgage is not discharged. The bill for a rescission was filed within a reasonable time after a…
2Cases cited9 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Long v. BrownSupreme Court of Alabama · 1843
- Read v. WalkerSupreme Court of Alabama · 1850
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Foster v. Gressett's HeirsSupreme Court of Alabama · 1856
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3Cited by19 opinions
- King v. Livingston Manufacturing Co.Supreme Court of Alabama · 1915
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Martin v. MartinSupreme Court of Alabama · 1860
- Weinhagen v. HayesWisconsin Supreme Court · 1922
- Kiefer v. RogersSupreme Court of Minnesota · 1872
14 more not listed; retrieve them via the Exa API.