Dill v. Shahan
Supreme Court of Alabama
Appeal from the Chancery Court of St. Clair. Heard before the Hon. E. D. TowNes. The original bill in this case was filed by Joel Chandler to obtain a rescission of a contract for the purchase of certain lands belonging to his father’s estate, which he had bought at a public sale made by himself and his co-executors, under the belief that the will of his father conferred authority on them to sell the real estate.
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Appeal from the Chancery Court of St. Clair. Heard before the Hon. E. D. TowNes. The original bill in this case was filed by Joel Chandler to obtain a rescission of a contract for the purchase of certain lands belonging to his father’s estate, which he had bought at a public sale made by himself and his co-executors, under the belief that the will of his father conferred authority on them to sell the real estate. The bill alleges, that complainant and his co-executors had propounded his father’s will for probate, and that it had been established as valid by the verdict of a jury ; that he and…
1Opinion of the CourtLig-On, J.
The original bill of Joel Chandler, set out in this record, is without equity. It seeks a rescission of his contract for the purchase of a tract of land belonging to the *702estate of bis father, of which Sarah Chandler, James Hampton, and the complainant, were the executors, so that the complainant was both vendor and vendee. It is not pretended, that the complainant was ignorant of any fact connected with the title to the premises, or connected with the power and authority of the vendors to sell and convey them: he relies solely upon his ignorance of the law arising upon the facts, (which were…
2Cases cited1 opinion
- Haden v. WareSupreme Court of Alabama · 1849
3Cited by19 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Hemphill v. MoodySupreme Court of Alabama · 1879
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