Griggs v. Woodruff
Supreme Court of Alabama
Appeal from the Ninth Chancery District. Before the Hón. J. W. Lessesne. The bill was filed by the plaintiff in error for the rescission of a contract, by which he had purchased from one Herring, as the agent of Woodruff, a tract of land, executing his notes for the purchase money, and receiving a bond for title. The grounds upon which the rescission is prayed, are sufficiently set forth in the opinion of the court.
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Appeal from the Ninth Chancery District. Before the Hón. J. W. Lessesne. The bill was filed by the plaintiff in error for the rescission of a contract, by which he had purchased from one Herring, as the agent of Woodruff, a tract of land, executing his notes for the purchase money, and receiving a bond for title. The grounds upon which the rescission is prayed, are sufficiently set forth in the opinion of the court. The answers deny the equity of the bill, and proof was taken, for which see the opinion of the court. The chancellor, at the hearing, dismissed the bill. From which the…
1Opinion of the CourtChilton, J.
The main grounds relied upon by the complainant for relief in this case, may be thus stated:
1. That Herring, the agent of Philo D. Woodruff, in effecting a sale of the land to the complainant, practised a fraud upon him, in pointing out a considerable portion of valuable cane hammock land as belonging to the tract, when in fact it was not included.
2. That he represented his principal, Philo D. Woodruff, as having entered the land, and as having title to the same, when the title was in another.
3. That said Herring, as well as Woodruff, fraudulently concealed the fact, that previous to the sale…
2Cases cited8 opinions
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Andrews v. McCoySupreme Court of Alabama · 1846
- Harris v. Carter's AdministratorsSupreme Court of Alabama · 1830
- Camp v. CampSupreme Court of Alabama · 1841
- Clemens v. LogginsSupreme Court of Alabama · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Nelson v. IversonSupreme Court of Alabama · 1850
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Thomason v. DillSupreme Court of Alabama · 1857
- Thompson v. LeeSupreme Court of Alabama · 1857
13 more not listed; retrieve them via the Exa API.