28 Ala. 160 | Ala. | 1856
The bill shows that the defendant, by falsely and fraudulently pretending that his judgments, at and before the sale of the complainant’s land by the sheriff under them, “ were unsatisfied liens thereon,” deceived the complainant, and obtained from him five hundred dollars in cash, and a
To make such a decree, is, in substance, but to decree that the defendant must make compensation in damages for the loss occasioned by his fraudulent acts and representations. We say-nothing against the jurisdiction of a court of equity to decree compensation, or damages, for losses occasioned by fraud, where it -is done “ only as incidental' to other relief sought by the bill and granted by the court; or where there is no adequate remedy at law; or where some peculiar equity intervenes.” — 2 Story’s Eq. Jur., § 794; Woodman v. Freeman, 25 Maine Rep. 531. But a court of equity will not én-tertain jurisdiction of a suit for damages arising out of a fraud, when these constitute the sole object of the bill, and there is a perfect remedy therefor at law; nor for money paid by mistake, or obtained by false and fraudulent pretences, when the recovery of such money is the sole object of the bill, and the remedy, at law therefor is unobstructed and complete. — Knotts v. Tarver, 8 Ala. Rep. 743; Woodman v. Freeman, 25 Maine Rep. 531, and the numerous authorities therein cited; Newham v. May, 13 Price, 749-753; Clifford v. Brooke, 13 Ves. 131; Pascoe v. Pascoe, 2 Cox, 109; Jenkins v. Parkinson, 2 Myl. & Keen, 5; Sainsbury v. Jones, 2 Beavan, 464; 5 Myl. & Cr. 4; Russel v. Clark, 7 Cranch, 69.
The bill does not state a case of which a court of equity can entertain jurisdiction; and for this reason the demurrer to it should have been sustained. The decree of the chancellor is reversed, and the bill dismissed, at the costs of the appellee.