National Building & Loan Ass'n v. Ballard
Supreme Court of Alabama
Appeal from tlie Chineery Court of Pike. Heard before the lion. Jkee N. Williams. The bill in this case was filed by tlie appellee, Jolm J. Ballard, against the National Building & Loan Associate m, which, as averred in the bill, was “a private corporation organized under the laws of the State of Alabama, having the city of Montgomery in said State as its principal place of business.”
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Appeal from tlie Chineery Court of Pike. Heard before the lion. Jkee N. Williams. The bill in this case was filed by tlie appellee, Jolm J. Ballard, against the National Building & Loan Associate m, which, as averred in the bill, was “a private corporation organized under the laws of the State of Alabama, having the city of Montgomery in said State as its principal place of business.” It was averred in the hill that on July 2d, 1891, -the complainant, effected a loan of one thousand dollars from the defendant and entered -into a contract and executed a mortgage upon a certain lot to secure…
1Opinion of the CourtSitalpe, J.
No irregularity appears in the decree pro confesso, and the case must be considered upon the merits of the bill of complaint. The bill appears to have been framed in a double aspect, first, to rescind the alleged contract for fraudulent misrepresentation inducing its execution; second, to avoid the contract as to usury.
A rule which has been often stated because often neglected, requires that fraud, when relied on as a ground for relief in equity, shall be distinctly alleged by stating the facts essential to constitute fraud independent of •alleged 'conclusions.—Pickett v. Pipkin, 64 Ala. 520;…
2Cases cited4 opinions
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Bailey v. LittenSupreme Court of Alabama · 1875
- Sheldon v. Birmingham Building & Loan Ass'nSupreme Court of Alabama · 1898
3Cited by9 opinions
- Marshall v. MarshallSupreme Court of Alabama · 1942
- Battle v. MorrisSupreme Court of Alabama · 1957
- Chandler v. PriceSupreme Court of Alabama · 1943
- Jasper v. EddinsSupreme Court of Alabama · 1922
- Beyer v. National Building & Loan Ass'nSupreme Court of Alabama · 1901
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