BULLEN v. TRULOVE, 224 Ala. 677 (1932)

141 So. 671

BULLEN v. TRULOVE et al.

8 Div. 355.Supreme Court of Alabama.
March 24, 1932. Rehearing Denied May 26, 1932.

Appeal from Law and Equity Court, Franklin County; B. H. Sargent, Judge.

J. Foy Guin, of Russellville, for appellant.

Fraud alone, in the absence of an independent equity is not ground of equitable jurisdiction to cancel an executed contract of sale. If the injury may be compensated in money damages, then the remedy is by suit at law. Collins v. Berman, 209 Ala. 67, 95 So. 287; Hunt v. Jones, 203 Ala. 541, 84 So. 718; Edmundson v. Mullen, 215 Ala. 297, 110 So. 391; Gralapp v. Hill, 205 Ala. 569, 88 So. 665.

Travis Williams, of Russellville, for appellees.

The bill presents a case in which complete relief can be had only in equity, where all parties can be brought in and placed in statu quo. Merritt v. Ehrman, 116 Ala. 278, 22 So. 514; Shahan v. Brown, 167 Ala. 534,

Page 678

52 So. 737; Bullard Shoals M. Co. v. Spencer, 208 Ala. 663, 95 So. 1; Nat. L. A. Ins. Co. v. Propst, 219 Ala. 437, 122 So. 656; Nicolopoolos v. Donovan, 221 Ala. 16, 127 So. 543.

THOMAS, J.

Demurrers were overruled to the bill as amended; hence this appeal.

The bill as amended was within the influence of the cases for rescission of contract for fraud, cancellation of deed for fraud, reinvestment of title, for the settling of primary and secondary equities, and judgment for repayment of the purchase price. The remedy at law is insufficient for such purposes. West v. Holman, 223 Ala. 114, 134 So. 667; Hickson v. Lingold, 47 Ala. 449; Kennedy’s Heirs v. Kennedy’s Heirs, 3 Ala. 434; Nicolopoolos v. Donovan, 221 Ala. 16, 127 So. 543; Wood v. Master Schools, 221 Ala. 645, 130 So. 178; National Life
Accident Ins. Co. v. Propst, 219 Ala. 437, 122 So. 656; Phillips v. Sipsey Coal Mining Co., 218 Ala. 296, 118 So. 513; Bullard Shoals Mining Co. v. Spencer, 208 Ala. 663, 95 So. 1; Shahan v. Brown, 167 Ala. 534, 52 So. 737; Hafer v. Cole, 176 Ala. 242, 57 So. 757; Merritt v. Ehrman, 116 Ala. 278, 22 So. 514.

It was proper to bring the whole title and all parties at interest before the court, that equity be done in a binding judgment rendered, and all primary and secondary equities, if such there were, be ascertained and declared. Hodge v. Joy, 207 Ala. 198, 92 So. 171; West v. Holman, supra.

The decree of the circuit court is affirmed.

Affirmed.

ANDERSON, C. J., and BROWN and FOSTER, JJ., concur.