Legal Opinion

Wright v. Wright

Supreme Court of Alabama

Decided January 15, 1859PublishedCited by 17 opinions

Appeal from the Chancery Court of Macon. Heard before the Hon. James B. ClakK. The bill in this case was filed by Mrs. Mary S. Wright and her husband, Joseph J. Wright, against John Wright.

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Appeal from the Chancery Court of Macon. Heard before the Hon. James B. ClakK. The bill in this case was filed by Mrs. Mary S. Wright and her husband, Joseph J. Wright, against John Wright. Its object was, to obtain an abatement of the purchase-money due from the complainants to the defendant, on an outstanding note which was given for a part of the price of a tract of land sold by the defendant to Mrs. Mary Wright. .This relief was prayed on two grounds: 1st, that the defendant fraudulently misrepresented the southern boundary-line of the tract; and, 2d, that the land actually conveyed was…

1Opinion of the CourtStone, J.

While we are indisposed to unsettle the principles declared in Minge v. Smith, 1 Ala. 415, we acknowledge that, in our opinion, those principles should not be extended. — See Large v. Penn, 6 Serg. & R. 488; Allison v. Allison, 1 Yerg. 16; Snow v. Chapman, 1 Root, 528; Rawle on Cov. 520; Butterfield v. Cooper, 6 Cowen, 481; Keyton v. Branford, 5 Leigh, 39 ; Foley v. McKeowu, 4 Leigh, 627 ; Harrison v. Talbot, 6 Dana, 258. See, also, the labored and learned collection of authorities in the opinion of the chancellor.

The assignments of error in this case question the correctness of the…

2Cases cited3 opinions

  1. Jackson v. Jackson's AdministratorCourt of Appeals of Kentucky · 1838
  2. Minge v. SmithSupreme Court of Alabama · 1840
  3. Snow v. ChapmanSupreme Court of Connecticut · 1793

3Cited by17 opinions

  1. Kendall v. WellsSupreme Court of Georgia · 1906
  2. Hodges v. DennySupreme Court of Alabama · 1888
  3. Corley v. VizardSupreme Court of Alabama · 1919
  4. Winston v. BrowningSupreme Court of Alabama · 1878
  5. Carter v. BeckSupreme Court of Alabama · 1867

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