Petty v. Hall

The decision on the former appeal touching this litigation is reported in Petty v. Chamberlain, 253 Ala. 453, 45 So.2d 161, 162. On that appeal the court speaking of the decree appealed from observed:

“The effect of the holding was to ignore the rule of our cases and to allow a rescist sion under the statute by a grantor in such a conveyance, regardless of any unconscionable conduct on his part and regardless of how well the grantee may have performed his duties under the agreement or the expense he might have undergone to that end. This is not the law.

“The rule is that where a grantor…