Collins v. Smith
Supreme Court of Alabama
Bill to Annul a Lease. Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by W. S. Smith against James A. Collins to annul a lease. From a judgment overruling respondent’s demurrers, he appeals. The affirmance with modification of the decree by the Supreme Court, the original decree being an absolute one dismissing the bill, is a bar to the maintenance of the present suit.— 2 Dan. Chan. P. & P. 994-996; 6 Ency.
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Bill to Annul a Lease. Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by W. S. Smith against James A. Collins to annul a lease. From a judgment overruling respondent’s demurrers, he appeals. The affirmance with modification of the decree by the Supreme Court, the original decree being an absolute one dismissing the bill, is a bar to the maintenance of the present suit.— 2 Dan. Chan. P. & P. 994-996; 6 Ency. P. & P. 835; Parsons v. Riley, 10 S. E. 806; Bell v. Simons, 14 Mo. 100; Strange v. Moog, 72 Ala. 460. The Supreme Court has power to modify its judgment…
1Opinion of the CourtDenson, J.
This is the third time this litigation has come before this court, and a brief history of the case is necessary to a clear understanding of the single question which is presénted for decision by this appeal. On the 23d day of October, 1903, Smith filed his bill in the chancery court of Jefferson county against Collins for the purpose of having a lease executed by 3iim and his wife to Collins canceled and annulled, on the theory that its execution was procured through fraud practiced and misrepresentations made by the lessee. A copy of the lease was attached to the bill and made a part of it.…
2Cases cited12 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Lang's Heirs v. WaringSupreme Court of Alabama · 1854
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Nevitt v. BaconMississippi Supreme Court · 1856
- Strang v. MoogSupreme Court of Alabama · 1882
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3Cited by3 opinions
- Vacalis v. LowrySupreme Court of Alabama · 1966
- National Union Life Insurance Company v. IngramSupreme Court of Alabama · 1963
- Austin & Sons v. HunterAlabama Court of Appeals · 1915