Starke v. Hill

Supreme Court of Alabama

Starke v. Hill

6 Ala. 785

Supreme Court of Alabama·Decided June 15, 1844·Published·Cited by 4 cases

Opinion

COLDTHWAITE, J.

This case presents substantially the same facts as those upon which the decision in Cullum v. Branch [787]*787Bank at Mobile, [4 Ala. Rep. 21,] was founded. That determines that the acceptance of a deed with warranty, prevents the purchaser from setting up either fraud or failure of consideration at law, in defence of a note given for the purchase of land. And also, that a court of equity is the proper forum to apply for relief, when it is wished to rescind the contract.

Judgment affirmed.

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COLDTHWAITE, J.

This case presents substantially the same facts as those upon which the decision in Cullum v. Branch [787]*787Bank at Mobile, [4 Ala. Rep. 21,] was founded. That determines that the acceptance of a deed with warranty, prevents the purchaser from setting up either fraud or failure of consideration at law, in defence of a note given for the purchase of land. And also, that a court of equity is the proper forum to apply for relief, when it is wished to rescind the contract.

Judgment affirmed.

Starke v. Hill, 6 Ala. 785 (Ala. 1844).

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Opinion

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