Samples v. Grizzell

GARDNER, Justice.

In this state it is now well settled that fraud alone is not a distinctive ground of equity jurisdiction, nor do courts of equity assume jurisdiction merely for the purpose of declaring a rescission. In all such eases the right of appeal to a court of equity rests upon the broad ground — the foundation stone of equity jurisprudence — of inadequacy of the remedy at law. These well-recognized principles have found restatement in the following, among other, of our authorities: Bullard Shoals Mining Co. v. Spencer, 208 Ala. 663, 95 So. 1; Mayo v. Ford, 220 Ala. 426, 125 So. 684;…