Smith v. Rorertson
Supreme Court of Alabama
Error to the Chancery Court of Shelby. Heard before the Hon. W. W. Mason. The bill in this case was filed by John Smith against Henry W. Robertson, for the rescission of a contract for the sale of lands. It alleges fraud and false representations as to the title on the part of the vendor at the time of sale, and want of title in the vendor both at the time of sale and at the filing of the bill.
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Error to the Chancery Court of Shelby. Heard before the Hon. W. W. Mason. The bill in this case was filed by John Smith against Henry W. Robertson, for the rescission of a contract for the sale of lands. It alleges fraud and false representations as to the title on the part of the vendor at the time of sale, and want of title in the vendor both at the time of sale and at the filing of the bill. It alleges an abandonment of the land by the complainant, and an offer to return the possession, which was refused ; also a tender of the purchase money, and a demand of title, both of which were…
1Opinion of the CourtLigon, J.
The complainant in the original bill seeks a rescission of the contract on three distinct grounds : first, on account of fraud on the part of the vendor ; second, defect of title; and, third, because the vendor, on a tender of the purchase money and a deed of conveyance for the premises, refused to accept the one, or to execute the other.
It is perfectly clear that, where a contract is tainted with fraud, it is void, and when it is ascertained that such is its character, it will be set aside in equity, at the instance of the party injured by it.—2 A. R. 571; 13 A. R. 198.
It has been also hold,…
2Cases cited3 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Newell v. TurnerSupreme Court of Alabama · 1839
- Skillern's Executors v. May's ExecutorsSupreme Court of the United States · 1807
3Cited by6 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- State v. SparrowMichigan Supreme Court · 1891
- Magee v. McMillanSupreme Court of Alabama · 1857
- Ross v. SmileyColorado Court of Appeals · 1902
- Trippe v. TrippeSupreme Court of Alabama · 1857
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