Kelly's Heirs v. Allen
Supreme Court of Alabama
Appeal from the Chancery Court of St. Clair. Heard before the Hon. JAMES B. Clark. The bill in this case was filed, on the 3d March, 1848, by Bussell J. Allen, against Andrew J. Crawford, Russell J. Kelly, John 3). Fennell, and others, distributees of the estate of George A. Kelly, deceased.
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Appeal from the Chancery Court of St. Clair. Heard before the Hon. JAMES B. Clark. The bill in this case was filed, on the 3d March, 1848, by Bussell J. Allen, against Andrew J. Crawford, Russell J. Kelly, John 3). Fennell, and others, distributees of the estate of George A. Kelly, deceased. Its principal object was to obtain compensation, or an abatement of the purchase-money, agreed to be paid by complainant for a tract of land purchased from said George A. Kelly, on account of alleged misrepresentations respecting the boundaries of the land; also, to enjoin a judgment and pending action at…
1Opinion of the CourtStone, J.
In giving directions to the register, as to the mode of ascertaining the complainant’s damages in this case, the chancellor erred. The correct rule is laid down in Stow v. Bozeman, 29 Ala. 397, and Williams v. Mitchell, 30 Ala. 299.
2. It is contended for appellant, that the complainant’s bill should have been dismissed — 1st, because he had an adequate remedy at law; and, 2d, because he fails to establish by credible testimony any material misrepresentation by Eennell of the boundaries of the land.
The various questions growing out of contests between vendors and vendees of land, have probably…
2Cases cited58 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Woodcock v. BennetNew York Supreme Court · 1823
- PRATT & OTHERS v. Law & CampbellSupreme Court of the United States · 1815
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3Cited by29 opinions
- Minge v. GreenSupreme Court of Alabama · 1912
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
- Einstein, Hirsch & Co. v. MarshallSupreme Court of Alabama · 1877
- Foster v. Kennedy's Adm'rSupreme Court of Alabama · 1862
- Payne v. BeaumontCourt of Appeals of Texas · 1922
24 more not listed; retrieve them via the Exa API.