Bell v. Thompson
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. James B. Clakk. The bill in this case was filed, on the 23d March, 1858, by "William M. Bell, against Bobert Thompson.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. James B. Clakk. The bill in this case was filed, on the 23d March, 1858, by "William M. Bell, against Bobert Thompson. Its material allegations were these: That on the 27th September, 1854, the complainant purchased from said Bobert Thompson a tract of land in Tallapoosa, at the price of f6,000; that he paid a part of the purchase-money in cash, and executed his three promissory notes for the balance,, according to the terms of the contract, and received from Thompson a bond conditioned to make titles to the land on the payment…
1Opinion of the CourtR. W. Walker, J.
If the bill is to be considered as having no other purpose than to obtain, by way of equitable set-off to the demand sued on in the circuit court, an abatement of the purchase-money, on account of the misrepresentations of the defendant as to the quantity of land sold, it fails to make out a case of which, under the circumstances, chancery has jurisdiction. Under the Code, (§ 2240,) the claim of the complainant for an abatement of the purchase-money, or for damages on account of such misrepresentations, may be allowed as a set-off in the action at law; or it may be recovered in an independent…
2Cases cited10 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Long v. BrownSupreme Court of Alabama · 1843
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Sims v. McEwen's Adm'rSupreme Court of Alabama · 1855
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3Cited by23 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Wood v. EstesSupreme Court of Alabama · 1932
- Pitts v. PowledgeSupreme Court of Alabama · 1876
- Carlisle v. CarlisleSupreme Court of Alabama · 1884
- Manning v. CarterSupreme Court of Alabama · 1917
18 more not listed; retrieve them via the Exa API.