Greenlee v. Gaines
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Livingston. Before the Hon. A. Crenshaw, Chancellor. The case made by the bill is substantially as follows : — . In 1836, the complainant purchased of Thos. Ware, a certain tract of land, and received his bond for titles. Complainant' paid part of the purchase money, and gave his note for the residue, which was transferred by Ware to Jesse Duren, and notice of the transfer given to the complainant.
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Writ of Error to the Court of Chancery sitting at Livingston. Before the Hon. A. Crenshaw, Chancellor. The case made by the bill is substantially as follows : — . In 1836, the complainant purchased of Thos. Ware, a certain tract of land, and received his bond for titles. Complainant' paid part of the purchase money, and gave his note for the residue, which was transferred by Ware to Jesse Duren, and notice of the transfer given to the complainant. Ware represented his title to be good, and in 1838 executed a deed for the land, which was accepted by the complainant. A short time previous to…
1Opinion of the CourtCollier, C. J.
In Duncan v. Jeter, 5 Ala, Rep. 604, it was said, that if the vendee wishes to rescind a contract for the purchase of land, he must, if money be due, offer to pay, and in addition put the vendor in statu quo, by abandoning the possession to him. But it was added, that circumstances might exist which would relieve the vendee from a compliance with the latter requisition. As where the vendor was insolvent, and unable or unwilling to make the title; in such case, the possession might be retained as the only means of reimbursement for money paid on the purchase. The case of Young v. Harris, 2…
2Cases cited4 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Elliott v. BoazSupreme Court of Alabama · 1846
- Reynolds v. DothardSupreme Court of Alabama · 1845
3Cited by8 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Garner, Neville & Co. v. LeverettSupreme Court of Alabama · 1858
- Pollock v. GilbertSupreme Court of Georgia · 1854
- Walton v. BonhamSupreme Court of Alabama · 1854
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