Tarwater v. Going
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. I-Iearcl before the Hon. John C. Carmichael. The bill in this case was filed by the appellant, Mary E. Tarwater, against John S. Going and G. W. Mills, J. M. Perkins and A. L. Fort, and prayed to have a certain deed which purported to have been executed by the complainant to the defendant, Perkins, set aside, can-celled and annulled as a cloud upon the complainant’s title to the land described in said deed.
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Appeal from the Chancery Court of Jefferson. I-Iearcl before the Hon. John C. Carmichael. The bill in this case was filed by the appellant, Mary E. Tarwater, against John S. Going and G. W. Mills, J. M. Perkins and A. L. Fort, and prayed to have a certain deed which purported to have been executed by the complainant to the defendant, Perkins, set aside, can-celled and annulled as a cloud upon the complainant’s title to the land described in said deed. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. The…
1Opinion of the CourtSharps, J.
According to tlie averments of the amended bill, Mills and Going Saving no authority 'from complainant to sell her land, pretended to her that they had sold it to Perkins; that she was legally bound to make a deed for the land to him and that a bill was being prepared for filing which would force her to sign such deed. Through fear of such threat of litigation and acting under advice and persuasion of her husband, complainant signed a deed, and Mills and Going, without authority to do so, delivered same to Perkins without his paying the consideration therein named. After this suit was…
2Cases cited9 opinions
- Harkreader v. ClaytonMississippi Supreme Court · 1879
- Henry v. CarsonIndiana Supreme Court · 1884
- Arnett v. BaileySupreme Court of Alabama · 1877
- Daniel v. StewartSupreme Court of Alabama · 1876
- Ashford v. PrewittSupreme Court of Alabama · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Shannon v. LongSupreme Court of Alabama · 1912
- Culver v. CarrollSupreme Court of Alabama · 1911
- Pittman v. PittmanSupreme Court of Alabama · 1945
- Cook v. WhiteheadSupreme Court of Alabama · 1951
5 more not listed; retrieve them via the Exa API.