Evans v. Bolling
Supreme Court of Alabama
Error to the Chancery Court at Eutaw. This was a bill filed by the plaintiff in error, to rescind a contract for the sale of land, upon the ground of fraud and misrepresentation.
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Error to the Chancery Court at Eutaw. This was a bill filed by the plaintiff in error, to rescind a contract for the sale of land, upon the ground of fraud and misrepresentation. The complainant alledges that on the 1st of March 1837, he purchased from the defendant, Bolling, eight hundred ■acres of land, which he describes by its designation at the land ■office, and a number of slaves: That a bond was executed by ¡Bolling for title when the purchase money was paid ; that the «consideration recited in the title bond was fifteen thousand six hundred dollars, of which sum four thousand four…
1Opinion of the CourtOrmond, J.
Some preliminary questions have been raised, which it will be proper to consider before proceeding to the investigation of the merits of the case.
It is the settled law of this State, that an application to continue a cause is addressed to the discretion of the primary court, and cannot be reviewed here. To evade the force of this rule, it is contended that the application made to the chancellor in this case, and refused by him, though in form an application for a continu-*555unce, was, in effect, the exhibition of articles of impeachment against the witness, S. H. Bolling.
The proper mode of…
2Cases cited3 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- Camp v. CampSupreme Court of Alabama · 1841
- Bryant v. PetersSupreme Court of Alabama · 1841
3Cited by11 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Evans v. KeelandSupreme Court of Alabama · 1846
- Williams v. Mitchell's Adm'rSupreme Court of Alabama · 1857
- Lamkin v. ReeseSupreme Court of Alabama · 1844
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