Williams v. Mitchell's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. Wade Keyes. The original bill in this ease was filed by Caleb Williams against the administrator of Henry B. Mitchell, deceased, to obtain an abatement of the purchase-money for a certain tract of land soldby saidMitchell to Williams, on account of the vendor’s fraudulent misrepresentations respecting the quantity and quality of the land, and the location of the boundary lines; and to enjoin an action at law,…
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Appeal from the Chancery Court of Marengo. Heard before the Hon. Wade Keyes. The original bill in this ease was filed by Caleb Williams against the administrator of Henry B. Mitchell, deceased, to obtain an abatement of the purchase-money for a certain tract of land soldby saidMitchell to Williams, on account of the vendor’s fraudulent misrepresentations respecting the quantity and quality of the land, and the location of the boundary lines; and to enjoin an action at law, on the notes given for the purchase-money, against said Caleb Williams, and Jacob B. Williams, Ms surety. An amended bill…
1Opinion of the CourtStone, J.
In the Manchester Iron Manufacturing Go. v. Sweeting, a material witness became interested in the transaction, by becoming surety for the party in whose favor his testimony was desired to be used. It was held, that the party who had an interest in his testimony, might restore his competency, by depositing in his hands a sum of money sufficient to indemnify him; the witness releasing the party from all claims on account of his suretyship. 10 Wendell, 162.
In Ball v. The State Bank, 8 Ala. 596-7, this court cited numerous authorities to the same effect as that last cited, and added, “In some of…
2Cases cited17 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Long v. BrownSupreme Court of Alabama · 1843
- Miller v. McCanNew York Court of Chancery · 1839
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Alford's Adm'r v. Alford's Adm'rSupreme Court of Alabama · 1876
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Moore v. LesueurSupreme Court of Alabama · 1858
- Ormond v. MartinSupreme Court of Alabama · 1861
- Jones v. EwingSupreme Court of Alabama · 1876
7 more not listed; retrieve them via the Exa API.