Coster v. Barrett
Supreme Court of Alabama
' Appeal from the Chancery Court at Mobile. Heard before the Hon. Adam C. Felder. The bill in this case was filed in August, 1869, by John W. Barrett, an infant, who sued by his next friend, against George W. Coster, Thomas B. Coster, M. T. Sprague, and Turner Reavis, and sought to set aside a sale of certain real estate belonging to the complainant, which had been sold under the following circumstances, as stated in the opinion of the court: “ The complainant was a minor,…
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' Appeal from the Chancery Court at Mobile. Heard before the Hon. Adam C. Felder. The bill in this case was filed in August, 1869, by John W. Barrett, an infant, who sued by his next friend, against George W. Coster, Thomas B. Coster, M. T. Sprague, and Turner Reavis, and sought to set aside a sale of certain real estate belonging to the complainant, which had been sold under the following circumstances, as stated in the opinion of the court: “ The complainant was a minor, four years old, when his guardian sold his real estate for reinvestment, under an order of the Probate Court. The order…
1Opinion of the CourtB. E. Saffold, J.
— [After stating the facts as above.] It is manifest that the land never has been paid for. The guardian, selling for reinvestment, was not authorized to receive Confederate currency. The court, being apprised of the manner of payment, ought not to have ordered a conveyance to be made to the purchaser; and the sub-purchaser, Thomas B. Coster, both on account of the past consideration given by him and the knowledge which he must be supposed to have had of the circumstances of the sale and the manner of payment, cannot be regarded as a bond fide purchaser without notice. Houston v. Deloach, 43…
2Cases cited3 opinions
- Hale v. Huston, Sims & Co.Supreme Court of Alabama · 1870
- Ponder v. ScottSupreme Court of Alabama · 1870
- Houston v. DeloachSupreme Court of Alabama · 1869