Dean v. Brown
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; R. C. Brickell, Judge. Suit by Bush. Brown against J. A. Dean. From judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Suit in detinue by appellee (plaintiff) against appellant (defendant) for the recovery of certain personal property, including one bay mare, known as the J. A. Pinkard mare. Defendant pleaded the general issue- and some special pleas.
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Appeal from Circuit Court, Morgan County; R. C. Brickell, Judge. Suit by Bush. Brown against J. A. Dean. From judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Suit in detinue by appellee (plaintiff) against appellant (defendant) for the recovery of certain personal property, including one bay mare, known as the J. A. Pinkard mare. Defendant pleaded the general issue- and some special pleas. Among the special pleas was plea 3, which is in substance as follows: Defendant pleads false and fraudulent rep-‘ resentations made by…
1Opinion of the CourtGardner, J.
[1] By the averments of the third plea the defendant in this action of detinue attempted to set up the defense of rescission of the contract of purchase, for the purchase price of which the mortgage upon. which this suit is founded was executed. This defense was available to the defendant in this action under the provisions of section 3791 of the Code of 1907. McDaniel v. Sullivan & Bramlett, 144 Ala. 583, 39 South. 355.
[2] The averments of fraudulent representations contained in said plea were sufficient. Roddam v. Brown, ante, p. 109, 77 South. 403; § 4298, Code 1907.
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2Cases cited6 opinions
- McCoy v. PrinceAlabama Court of Appeals · 1914
- Comer v. FranklinSupreme Court of Alabama · 1910
- Hayes v. WoodhamSupreme Court of Alabama · 1906
- Moline Jewelry Co. v. CrewSupreme Court of Alabama · 1911
- Roddam v. BrownSupreme Court of Alabama · 1917
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3Cited by7 opinions
- Standard Oil Co. v. MyersSupreme Court of Alabama · 1936
- Barrett v. HanksSupreme Court of Alabama · 1963
- Hagood v. KnightSupreme Court of Alabama · 1952
- Americanized Finance Corporation v. YarbroughSupreme Court of Alabama · 1931
- Stewart v. BurginSupreme Court of Alabama · 1929
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