Lockwood v. Fitts
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 29th Octqber, 1887, by Julian L. Lockwood, against William A. Fitts; and sought the rescission and cancellation of a contract, by which the complainant sold and conveyed to the defendant, on the 26th March, 1887, an undivided one-fourth interest in a tract of land near Birmingham containing two hundred acres, in exchangefor twenty lots near the city…
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 29th Octqber, 1887, by Julian L. Lockwood, against William A. Fitts; and sought the rescission and cancellation of a contract, by which the complainant sold and conveyed to the defendant, on the 26th March, 1887, an undivided one-fourth interest in a tract of land near Birmingham containing two hundred acres, in exchangefor twenty lots near the city of Minneapolis. On final hearing, on pleadings and proof, the court dismissed the bill; and this decree is here…
1Opinion of the CourtOlopton, J.
On March 26, 1887, the parties made an exchange of lands — appellant conveying to appellee a one-fourth undivided interest in two hundred acres of land situated in Jefferson county, Alabama, containing iron ore, receiving in exchange twenty lots near Minneapolis, Minnesota. In the transaction, the land of appellant was rated at eight hundred dollars per acre, and the lots at two thousand dollars each. By the bill, defendant seeks a rescission of the contract, and cancellation of the conveyance made by him to appellee, on the ground of misrepresentation as to the location and value of the…
2Cases cited6 opinions
- Schiffer v. . DietzNew York Court of Appeals · 1881
- French v. GapenSupreme Court of the United States · 1882
- McVay's Adm'r v. IjamsSupreme Court of Alabama · 1855
- Sheffield Land, Iron & Coal Co. v. NeillSupreme Court of Alabama · 1888
- Homer v. PerkinsMassachusetts Supreme Judicial Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Corley v. VizardSupreme Court of Alabama · 1919
- Walling v. ThomasSupreme Court of Alabama · 1901
- Henry v. AllenSupreme Court of Alabama · 1890
- Joseph v. Decatur Land, Improvement & Furnace Co.Supreme Court of Alabama · 1893
9 more not listed; retrieve them via the Exa API.