Porter v. Collins
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 28th August, 1888, by John O. Porter, against Patrick J. Collins; and sought the rescission of a contract, by which complainant bought from defendant one acre of a small tract of land, which was situated about lour miles from the town of Sheffield, and which was described in the defendant’s deed to the complainant as part of a ten-acre tract described by…
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Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 28th August, 1888, by John O. Porter, against Patrick J. Collins; and sought the rescission of a contract, by which complainant bought from defendant one acre of a small tract of land, which was situated about lour miles from the town of Sheffield, and which was described in the defendant’s deed to the complainant as part of a ten-acre tract described by government numbers, and as being situated “ at or near the town of Sheffield.” On final hearing, on pleadings and proof, the…
1Opinion of the CourtMcOLELLAN, J.
This bill seeks the rescission of a sale of a one-acre lot of land, purchased by the c.omplainant, John O. Porter, from Patrick J. Collins, the respondent, the refunding of the purchase-money paid therefor, and the cancellation of the deed executed by respondent and wife to the complainant. The right to this relief is based solely on alleged misrepresentations of Collins a,s to the location of the land, which misrepresentations are averred to have been made either fraudulently, or through ignorance or mistake, on the part of Collins. It is not of consequence whether the false representations…
2Cases cited5 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Turner v. KellySupreme Court of Alabama · 1881
- Baptiste v. PetersSupreme Court of Alabama · 1874
- Lindsey v. VeasySupreme Court of Alabama · 1878
- Carlisle v. BarkerSupreme Court of Alabama · 1876
3Cited by4 opinions
- Shahan v. BrownSupreme Court of Alabama · 1910
- Southern Land Development Co. v. MeyerSupreme Court of Alabama · 1935
- Reynolds v. Excelsior Coal Co.Supreme Court of Alabama · 1893
- Cook v. Bolling & SonSupreme Court of Alabama · 1892