Legal Opinion

Read v. Walker

Supreme Court of Alabama

Decided June 15, 1850PublishedCited by 31 opinions

Error to the Chancery Court of Benton. Tried before the Hon. David G. Ligón. 1. The statements and allegations of the bill must show that the Chancery Court had jurisdiction, and that the complainant was entitled to the relief prayed.

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Error to the Chancery Court of Benton. Tried before the Hon. David G. Ligón. 1. The statements and allegations of the bill must show that the Chancery Court had jurisdiction, and that the complainant was entitled to the relief prayed. In this case the complainant seeks a rescisión of the contract, without abandoning possession, and therefore, must not only show a demand of title, or an inability on the part of the defendant to make it, but that there was fraud on the part of the latter, or that he was insolvent. The existence of these facts, constituting as they do, the foundation of the…

1Opinion of the Court

' CHILTON, J.

This bill was filed by Clement Walker against Edwin T. Read, and avers that the complainant, together with Irby Wynn, purchased of the defendant the west half of section fourteen, in township sixteen, in range twenty-seven; also, the west half of the south-west quarter of section twentytfiree,. in the same township and range, at the price of five thousand dollars; that complainant and Wynn gave their two notes for the purchase money to Read, each for one half of said sum, one due 25th Dec. 1846, the other a year after that period, which notes have been collected by law from the…

2Cases cited4 opinions

  1. Munroe v. PritchettSupreme Court of Alabama · 1849
  2. Rosevelt v. DaleCourt for the Trial of Impeachments and Correction of Errors · 1823
  3. Johnson v. CollinsSupreme Court of Alabama · 1850
  4. Spence v. DurenSupreme Court of Alabama · 1841

3Cited by31 opinions

  1. DaLee v. Crosby Lumber Co., Inc.Supreme Court of Alabama · 1990
  2. Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
  3. Hilyer v. FortierSupreme Court of Alabama · 2017
  4. Charles v. DuboseSupreme Court of Alabama · 1856
  5. Phillips v. RandolphSupreme Court of Alabama · 2002

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