McAlister v. . Barry

Circuit Court of North Carolina

McAlister v. . Barry

15 F. Cas. 1203, 3 N.C. 290

CourtU.S. Circuit Court for the District of North Carolina

DecidedDecember 5, 1803

StatusPublished

This text of 15 F. Cas. 1203 (McAlister v. . Barry) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McAlister v. . Barry, 15 F. Cas. 1203, 3 N.C. 290 (circtnc 1803).

Pincite

Opinion

PER CURIAM.

Misrepresentations, and obtaining a bargain in consequence thereof, disadvantageous to the party deceived by them, is a ground in equity for setting aside the conveyance, although the party imposed on were of sound understanding, and had time enough to detect the falsehood before he made the contract. In this case the debts due from the testator were represented to his Regatees to be very large, and likely to fall upon the estate in remainder devised to them; and it was concealed from them that a fund was provided by the testator for payment of his debts. The conveyance must be set aside, but the grantee shall be allowed for the improvements made on the estate.

See Boyce v. Grundy, 3 Pet [28 U. S.] 210; [Thigpen v. Balfour, 2 Murph. 242]. 3

3

[From 2 Hayw. (N. C.) 290.]

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PER CURIAM.

Misrepresentations, and obtaining a bargain in consequence thereof, disadvantageous to the party deceived by them, is a ground in equity for setting aside the conveyance, although the party imposed on were of sound understanding, and had time enough to detect the falsehood before he made the contract. In this case the debts due from the testator were represented to his Regatees to be very large, and likely to fall upon the estate in remainder devised to them; and it was concealed from them that a fund was provided by the testator for payment of his debts. The conveyance must be set aside, but the grantee shall be allowed for the improvements made on the estate.

See Boyce v. Grundy, 3 Pet [28 U. S.] 210; [Thigpen v. Balfour, 2 Murph. 242]. 3

3

[From 2 Hayw. (N. C.) 290.]

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Bluebook (online)

15 F. Cas. 1203, 3 N.C. 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcalister-v-barry-circtnc-1803.