Prout v. Roberts' Adm'r
Supreme Court of Alabama
[BILL IN EQUITY BOB RESCISSION OR CONTRACT ON GROUND OR ERAUD.J Appeal from tbe Chancery Court of Franklin. Heard before tbe Hon. JoiiN Foster. This bill was filed by James Roberts in bis life-time, and was afterwards revived in tbe name of bis administrator.
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[BILL IN EQUITY BOB RESCISSION OR CONTRACT ON GROUND OR ERAUD.J Appeal from tbe Chancery Court of Franklin. Heard before tbe Hon. JoiiN Foster. This bill was filed by James Roberts in bis life-time, and was afterwards revived in tbe name of bis administrator. Its object was to obtain tbe rescission of a contract, by wbicb said Roberts purchased certain lands from one H. W. Prout, and an injunction, to restrain tbe collection of tbe notes for tbe purchase-money, which bad been transferred to one James D. Long. Tbe chancellor, on final bearing, rendered a decree in favor of tbe complainant,…
1Opinion of the CourtStone, J.
A vendor, who conceals from bis vendee a known and material defect in, or incumbrance on bis title, and thereby induces him to purchase, is guilty of a fraud, for which the vendee may claim a rescission of tbe contract. — Cullum v. Branch Bank, 4 Ala. 21; Harris v. Carter, 3 Stew. 233; Young v. Harris, 2 Ala. Rep. 108; Greenlee v. Gaines, 13 Ala. R. 198; Bonham v. Walton, 24 Ala. 513; Gressett v. Foster, 29 Ala.; Lanier v. Hill, 25 Ala. 554; McLemore v. Mabson, 20 Ala. 137.
In such case, chancery will rescind on timely application, even though tbe contract be evidence by deed, with *428covenants…
2Cases cited10 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Read v. WalkerSupreme Court of Alabama · 1850
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Lanier v. HillSupreme Court of Alabama · 1854
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3Cited by3 opinions
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- Lindsey v. VeasySupreme Court of Alabama · 1878
- Nobles v. L'EngleSupreme Court of Florida · 1909