Legal Opinion

Newell v. Turner

Supreme Court of Alabama

Decided June 15, 1839PublishedCited by 5 opinions

Error to-Franklin Circuit court. Assumpsit on a written agreement for the sale of land, tried before Coleman, J. Yerdict and judgment for plaintiff belowi The defence set up, was a defect of title in the vendor.

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Error to-Franklin Circuit court. Assumpsit on a written agreement for the sale of land, tried before Coleman, J. Yerdict and judgment for plaintiff belowi The defence set up, was a defect of title in the vendor. It appeared from the bill of exceptions, that the court charged the jury, that “ although they might believe from the evidence, that the plaintiff represented to the defendant, while they were making the agreement for the sale and purchase of the lots and buildings, that the lots contained land which was proved not to form any part of them, it gave the defendant no right to abandon…

1Opinion of the Court

ORMOND, J,

The question presented on this record, is whether a vendee of real property can rescind a contract, the vendor having represented at the time of the *421sale, that the enclosure around the lots, which were the subject of the contract, contained the lots he was selling, ■when in fact, the enclosure included a part of the public street and common, on which a portion of the dwelling house, and all the out houses were situated, the offer to rescind, having been made as soon as the fact was discovered — and no conveyance having been made.

It is a general rule, that when a vendor gives a false…

2Cases cited1 opinion

  1. President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828

3Cited by5 opinions

  1. Clemens v. LogginsSupreme Court of Alabama · 1840
  2. Smith v. RorertsonSupreme Court of Alabama · 1853
  3. Fratt v. Fiske & LoringCalifornia Supreme Court · 1861
  4. Dawson v. SparksTexas Commission of Appeals · 1881
  5. Ex parte GibsonSupreme Court of Arkansas · 1850

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