Center v. P. & M. Bank
Supreme Court of Alabama
Ebror to the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. This bill was filed by the plaintiff in error against L. M. Wilson and the P. & M. Bank.
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Ebror to the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. This bill was filed by the plaintiff in error against L. M. Wilson and the P. & M. Bank. It alleges that, on the 80th May, 1836, William Oarothers sold to Jack E. Boss a certain lot of land which it particularly describes, for the sum of $3875 TW, and took his notes payable in one and two years for the purchase money; that at the time of the sale, Carothers made to Boss a deed in fee simple for the premises, and took from Boss a mortgage on the same to secure the payment of the purchase money, in which it is recited,…
1Opinion of the CourtLigon, J.
In considering this case, we will first examine it with reference to the relative rights of Carothers, Boss, and the complainant; and then in reference to those of the complainant, the Planters’ and Merchants’Bank, and Wilson, who became the purchaser of the judgments of the Bank against Carothers.
1. The first branch of the inquiry is surrounded by no difficulties whatever; for, as between Carothers, the vendor, and Boss, the vendee, and his heirs, the fact that the deed of the former to the latter remains unregistered, is wholly immaterial. It is clear that this conveyance is good and valid…
2Cases cited7 opinions
- Lessee of Bonnet v. DevebaughSupreme Court of Pennsylvania · 1810
- Margoley v. CommonwealthCourt of Appeals of Kentucky · 1861
- Boggs v. VarnerSupreme Court of Pennsylvania · 1843
- Harris v. Carter's AdministratorsSupreme Court of Alabama · 1830
- Brandt ex dem. Van Cortlandt v. KleinNew York Supreme Court · 1820
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3Cited by46 opinions
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- Walker v. GoldsmithOregon Supreme Court · 1886
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