Betts v. Gunn
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. A. J. Walkeb. This bill was filed by George ~W. Gunn, against Elisba Betts. Its primary object was to obtain tbe rescission of a contract, by wbieb Gunn, in consideration of a conveyance to him by Betts of certain real and personal property, bound himself to pay the outstanding debts of Betts, and also to allow him $200 per annum for his support.
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Appeal from the Chancery Court of Macon. Heard before the Hon. A. J. Walkeb. This bill was filed by George ~W. Gunn, against Elisba Betts. Its primary object was to obtain tbe rescission of a contract, by wbieb Gunn, in consideration of a conveyance to him by Betts of certain real and personal property, bound himself to pay the outstanding debts of Betts, and also to allow him $200 per annum for his support. The contract was made in 1843, and the bill filed in October, 1850. The written instrument signed by Gunn only bound him to pay the annuity; but the bill alleged, that it did not truly…
1Opinion of the CourtWaleer, J.
— The complainant is not entitled to a rescission of the contract described in the bill, because there is no offer on his part to place the defendant in statu quo, and he has deprived himself of the power to do so, by a sale of a portion of the property conveyed, after he was informed of the existence of the fraud alleged; and he has waited an unreasonable length of time, after the alleged perpetration of the fraud and his knowledge of it, before filing the bill; and, knowing the fraud, he has done sundry acts under the authority of the rights conferred upon him by the contract. — See Reavis’…
2Cases cited12 opinions
- French v. GarnerSupreme Court of Alabama · 1838
- Kelly v. PayneSupreme Court of Alabama · 1850
- Carroll v. MaloneSupreme Court of Alabama · 1856
- May v. LewisSupreme Court of Alabama · 1853
- Pulliam v. OwenSupreme Court of Alabama · 1854
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3Cited by14 opinions
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
- Bell v. ThompsonSupreme Court of Alabama · 1859
- Converse Bridge Co. v. Geneva CountySupreme Court of Alabama · 1909
- McDonnell & Co. v. FinchSupreme Court of Alabama · 1901
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