Baptiste v. Peters
Supreme Court of Alabama
Appeal from tbe Chancery Court at Mobile. Heard before the Hon. Adam C. Felder. The bill in this case was filed by Carshen Peters against Mrs. Eugenie Baptiste, and sought the rescission of a contract for a city lot in Mobile, which had been sold and conveyed to the complainant by said defendant.
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Appeal from tbe Chancery Court at Mobile. Heard before the Hon. Adam C. Felder. The bill in this case was filed by Carshen Peters against Mrs. Eugenie Baptiste, and sought the rescission of a contract for a city lot in Mobile, which had been sold and conveyed to the complainant by said defendant. The chancellor overruled a demurrer to the bill for want of equity, and held the complainant entitled to relief; and having ordered a reference to the register as master, to ascertain the amount of the purchase money paid, the value of the improvements erected on the lands by the complainant, the…
1Opinion of the CourtB. F. Saffold, J.
The appellant, through her agent, Leslie E. Brooks, sold to the appellee a lot of land in the city of Mobile,, received payment of the purchase-money, and executed a deed to the purchaser warranting the title. The purchaser went into possession of the property, and made valuable improvements upon it. Afterwards, ascertaining that his vendor had no title to the land, but that the title was in her husband, who was dead at the time of the sale, he abandoned the possession, and brought this suit for a rescission of the contract. The defendant admitted the sale, and her want of title, but…
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