Capshaw v. Fennell
Supreme Court of Alabama
Appeal from the Court of Chancery at Huntsville. The material allegations of the bill are. that complainant and defendant, on the 15th December, 1840, entered into the following contract: The said Preston Capshaw, promises to pay to .Tames W. Fennell, $2,450, for which he has given his notes, half payable on the first of March, 1841, and the other half payable the first of March, 1842, for the tract of land on which said Fennell now lives, containing 300 acres, more or less,…
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Appeal from the Court of Chancery at Huntsville. The material allegations of the bill are. that complainant and defendant, on the 15th December, 1840, entered into the following contract: The said Preston Capshaw, promises to pay to .Tames W. Fennell, $2,450, for which he has given his notes, half payable on the first of March, 1841, and the other half payable the first of March, 1842, for the tract of land on which said Fennell now lives, containing 300 acres, more or less, and the said Fennell hereby obligates himself, in the penal sum of $4,900, to make unto Capshaw, a good title to said…
1Opinion of the CourtDargan, J.
The contract in this case, was for the sale of a tract of land, containing 300 acres, more or less. The vendor represented to the vendee, that it contained 300 acres, when in fact it contained only 282 acres, but the sale was not expressly by the acre, but was for a gross sum, for the tract. The contract of sale was entered into in December, 1840, and a deed was made to the complainant by Simmons, in whom was the title, in March, 1842. The vendor never had any written title, and from the answer, and all the circumstances brought to the notice of the court by the record, we believe that the…
2Cases cited1 opinion
- Minge v. SmithSupreme Court of Alabama · 1840
3Cited by2 opinions
- Winston v. BrowningSupreme Court of Alabama · 1878
- Terrell v. KirkseySupreme Court of Alabama · 1848