Smith v. Pearson
Supreme Court of Alabama
Error to the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. The bill in this caso was filed by James A. Pearson against Isaac Smith and Isaac T. Smith, the latter of whom died during the progress of the suit, and his administrators were thereupon made parties.
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Error to the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. The bill in this caso was filed by James A. Pearson against Isaac Smith and Isaac T. Smith, the latter of whom died during the progress of the suit, and his administrators were thereupon made parties. It charges, in substance, that said Isaac Smith agreed to lend to complainant the sum of about §200, for the payment of which the latter agreed to mortgage three slaves ; that the money was advanced, but said Isaac T. Smith, who was the son of said Isaac, and the son-in-law of complainant, induced complainant, by…
1Opinion of the CourtGoldthwaite, J.
It is unnecessary to consider the action of the Chancellor on the motion to suppress the deposition of Basil Adams, for the reason, that if his evidence is rejected, we all agree, upon a careful examination of the whole testimony, that tlio fraud of Isaac T. Smith is sufficiently established.
Neither do wo consider the parties in this case as standing in pari delido. The complainant is shown to have been upwards of seventy years of age, — infirm,—embarrassed,—his property levied upon, and about to be sold; and the defendant, Isaac T. Smith, ivas taking advantage of these circumstances, and of…
2Cases cited2 opinions
- Peirsoll v. ElliottSupreme Court of the United States · 1832
- Hamilton v. CummingsNew York Court of Chancery · 1815
3Cited by8 opinions
- Floyd v. GreenSupreme Court of Alabama · 1939
- Harris v. MillerSupreme Court of Alabama · 1857
- Gray v. GraySupreme Court of Alabama · 1945
- Marston v. RoweSupreme Court of Alabama · 1866
- Luffboro v. FosterSupreme Court of Alabama · 1890
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