Fuller v. Chenault
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heai’d before Hon. Thomas W. Wert. Bill by Robert F. Fuller against Frank L. G'henault to enjoin a sale under a mortgage and to cancel tbe mortgage for fraud. Decree for defendant on the pleadings, and complainant appeals. The allegations of the bill are sufficiently stated in the opinion.
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Appeal from Morgan Law and Equity Court. Heai’d before Hon. Thomas W. Wert. Bill by Robert F. Fuller against Frank L. G'henault to enjoin a sale under a mortgage and to cancel tbe mortgage for fraud. Decree for defendant on the pleadings, and complainant appeals. The allegations of the bill are sufficiently stated in the opinion. The respondent filed an answer denying the fraud and the offer to rescind; also demurrers to the bill, motion to dismiss for want of equity, and the following pleas: “(1) The said Robert Fuller did not act promptly in ascertaining the fraud, if it was practiced upon…
1Opinion of the CourtAnderson, J.
— The bill in the case at bar was filed to cancel a certain mortgage and enjoin a sale thereunder, because of a fraudulent misrepresentation as to a certain horse' purchased by complainant from respondent, and which said horse constituted the sole consideration of the mortgage. The bill contained equity, which said fact was so adjudged by the trial court in overruling the first ground of demurrer to the bill.
If the complainant was induced by fraud to buy the horse, he had the right to rescind the sale by acting seasonably; that is, by restoring or offering to restore the horse within a…
2Cases cited5 opinions
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Eagan Co. v. JohnsonSupreme Court of Alabama · 1886
- Satterfield, Ex'r. v. JohnSupreme Court of Alabama · 1875
- Hayes v. WoodhamSupreme Court of Alabama · 1906
- Samples v. GuyerSupreme Court of Alabama · 1898
3Cited by7 opinions
- Schroeder v. Hotel Commercial Co.Washington Supreme Court · 1915
- Standard Motorcar Co. v. McMahonSupreme Court of Alabama · 1919
- Grissom v. J. B. Colt & Co.Supreme Court of Alabama · 1928
- Gayle Motor Co. v. Gray-Acree Motor Co.Supreme Court of Alabama · 1921
- Willingham v. Wesley Hardware Co.Supreme Court of Alabama · 1933
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