Seabury v. Doe ex dem. Stewart
Supreme Court of Alabama
Eeror to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of ejectment, brought by the defendants in error against the plaintiff in error, to recover a certain tract of land described in the plaintiffs’ declaration.
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Eeror to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of ejectment, brought by the defendants in error against the plaintiff in error, to recover a certain tract of land described in the plaintiffs’ declaration. The plaintiffs in their declaration laid five several demises, to-wit: one from Samuel Kitchen, one from Stewart & Easton, one, from Joshua Kennedy, one from Hallett and Walker, executors of Joshua Kennedy, and one from William Kitchen, Samuel Kitchen and Susan Kennedy, heirs at law of Samuel Kitchen, deceased. The defendant, Seabury, appeared,…
1Opinion of the CourtGrIBBONS, J.
'The charge of the court below as given to the jury, in our opinion, under the proof, contains no error. It is predicated upon principles of law, now too well established to be questioned, or to require affirmative argument. The charge asserts simply, that where a party under an ex-ecutory agreement of purchase enters into the possession of lands, and fails to comply with the terms of his contract in the payment of the purchase money, the vendor has the right to bring ejectment against him and recover back his lands. The charge further asserts, that in such a case, the vendee cannot dispute…
2Cases cited3 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Wright v. MooreNew York Supreme Court · 1839
- Davidson v. ErnestSupreme Court of Alabama · 1845
3Cited by25 opinions
- You v. FlinnSupreme Court of Alabama · 1859
- Potts v. ColemanSupreme Court of Alabama · 1880
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- Walker v. CrawfordSupreme Court of Alabama · 1881
- Gentry v. RogersSupreme Court of Alabama · 1867
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