David v. Shepard
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The bill in this cause was filed on the 28th December, 1865, by Frank David, against Frederick B. Shepard.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The bill in this cause was filed on the 28th December, 1865, by Frank David, against Frederick B. Shepard. Its material allegations were the following: That on the 25th April, 1860, an attachment was issued out of the city court of Mobile, at the suit of the executors of James Perrine, deceased, against Charles B. Hopkinson; and a branch attachment in that case came to the hands of the sheriff of Baldwin county on the 28th April, and was levied by him, on the 2d May, 1860, on a certain tract of land in said county.…
1Opinion of the CourtBybd, J.
If a person who is interested in an estate, With a knowledge of his rights, misleads another into dealing therewith, he will in equity be postponed to the party So mislead, and will be required to make his representations good, even to the extent of any claim or title he may have in the estate. — Adams’ Equity, 373, And this, though the representations are by parol, and without any considera- . tion moving to the person who makes them. They do not operate as a conveyance of the interest of the party making them, but by way of estoppel, to preclude him from setting up any claim or title in…
2Cases cited23 opinions
- Cockrell v. GurleySupreme Court of Alabama · 1855
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Andrews v. McCoySupreme Court of Alabama · 1846
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Read v. WalkerSupreme Court of Alabama · 1850
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3Cited by12 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Jackson v. StateSupreme Court of Alabama · 1938
- Raisler v. StateSupreme Court of Alabama · 1876
7 more not listed; retrieve them via the Exa API.