Rogers v. Bradford
Supreme Court of Alabama
Appeal from tlie Chancery Court at Wetumpka. Heard before the Hon. James B. ClaRK. This bill was filed by William Rogers, the appellant, against Joseph H. Bradford, Benjamin A. Smoot, and Almon D. Waller; asking the rescission of a contract for the purchase of a tract of land from said Waller, on account of his defective title, an injunction of a judgment at law on the notes given for the purchase money, and general relief.
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Appeal from tlie Chancery Court at Wetumpka. Heard before the Hon. James B. ClaRK. This bill was filed by William Rogers, the appellant, against Joseph H. Bradford, Benjamin A. Smoot, and Almon D. Waller; asking the rescission of a contract for the purchase of a tract of land from said Waller, on account of his defective title, an injunction of a judgment at law on the notes given for the purchase money, and general relief. The bill alleged, that Waller represented that he had a perfect and unincumbered title to the land, and that he executed to complainant a bond conditioned that he would…
1Opinion of the CourtRice, C. J.
In Moore v. Barclay, 23 Ala. 739, it was decided, that when the answer to a bill to enjoin the collection of a judgment or execution at law “has. so far denied the allegations of the bill,.as to leave it without equity as respects the remaining facts not denied by the answer,” there is no error in dissolving the injunction on the answer. To that decision we adhere •; and upon its authority we affirm the decree in this case, at the costs of the appellant.
2Cases cited1 opinion
- Moore v. BarclaySupreme Court of Alabama · 1853
3Cited by4 opinions
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1887
- Hall v. Atlanta, B. & A. R. R. Co.Supreme Court of Alabama · 1908
- Thomas v. RoweSupreme Court of Virginia · 1895
- Scott v. BoydSupreme Court of Alabama · 1924