Fields v. Clayton
Supreme Court of Alabama
Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The facts in the case are sufficiently stated in the opinion. The bill presents no case for the interference of a court of equity. Before a court of equity will decree a rescission on account of error or mistake, that error or mistake must be of such character as to go to the very foundation and merits of the agreement — it must not only exist upon paper, as in this case, but it must exist in fact.
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Appeal from the Chancery Court of Blount. Heard before the Hon. Thomas Cobbs. The facts in the case are sufficiently stated in the opinion. The bill presents no case for the interference of a court of equity. Before a court of equity will decree a rescission on account of error or mistake, that error or mistake must be of such character as to go to the very foundation and merits of the agreement — it must not only exist upon paper, as in this case, but it must exist in fact. Where a sale of lands has been executed by a conveyance with covenants of warranty, a court of chancery will not…
1Opinion of the CourtBbickell, C. J.
The bill was filed by the appellee, and the material allegations are, that on the 17th day of November, 1894, he purchased of the appellant, a described parcel of land, at and for the price of two hundred and fifty dollars, payable in four instalments of sixty-two and 50-100 dollars each, for which he gave several promissoi’y notes maturing at different times. The appellant executed a conveyance to the appellee, having *540and containing covenants of warranty, and the appellee, contemporaneously executed a mortgage to secure the payment of said promissory notes as they severally and respeptively…
2Cases cited6 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Meeks v. GarnerSupreme Court of Alabama · 1890
- Barker v. BellSupreme Court of Alabama · 1861
- Paulling v. Barron, Meade & Co.Supreme Court of Alabama · 1858
- Knox v. EastonSupreme Court of Alabama · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ritter v. MoseleySupreme Court of Alabama · 1933
- Albert v. NixonSupreme Court of Alabama · 1934
- Ex Parte DouthitSupreme Court of Alabama · 1985
- Trannon v. TowlesSupreme Court of Alabama · 1917
- Traylor v. ClaytonSupreme Court of Alabama · 1921
2 more not listed; retrieve them via the Exa API.