Union Cemetery Co. v. Jackson
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Union Cemetery Company against R. T. Jackson and others to cancel a conveyance, and rescind a contract of purchase of land. Prom a decree sustaining respondents’ demurrers to the bill, complainant appeals.
Read the full summary
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Union Cemetery Company against R. T. Jackson and others to cancel a conveyance, and rescind a contract of purchase of land. Prom a decree sustaining respondents’ demurrers to the bill, complainant appeals. The bill as last amended contained equity, and the demurrers thereto should have been overruled. — §§ 2469, 4298 and 4852, Code 190*7; Harris v. Carter, 3 Stew. 236; Camp v. Camp, 2 Ala. 634; Griggs v. Woodruff, 14 Ala. 13; Reid v. Walker, 18 Ala. 326; Laoiie v. Hill, 25 Ala. 554 ; Fo$-~ •ter v. Gres sett, 29…
1Opinion of the CourtMcCLELLAN, J.
This amended bill, filed by appellant (a corporation) against appellees, seeks the rescission of a contract of purchase of land, the restoration of the parties to the status quo, and the cancellation of the conveyance made to the corporation. The other theory of the amended bill, which appellant would seem to assert as an alternative, contemplates a reformation of the. conveyance. But this theory is rendered impossible of sanction by the averment of the amended bill whereby the absence of title in the grantors is affirmed. This appeal is from the decree sustaining demurrer to the bill as last…
2Cases cited6 opinions
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Shanan v. BrownSupreme Court of Alabama · 1913
- Crown v. CarrigerSupreme Court of Alabama · 1880
- Jordan v. Ala. C. G. & A. Ry. Co.Supreme Court of Alabama · 1912
- New Orleans & Ala. Coal & Mining Co. v. MusgroveSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Patterson v. WeaverSupreme Court of Alabama · 1927
- American Federation of State, County & Municipal Employees v. DawkinsSupreme Court of Alabama · 1958
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Massey v. PentecostSupreme Court of Alabama · 1921
4 more not listed; retrieve them via the Exa API.