Wells v. Morrow
Supreme Court of Alabama
.Appeal from.the Chancery Courfref Shelby.. Heard before the Hon. James B„-Clark. The bill in this case was filed,, on-the 22d March, ISoSj by Abner J. Wells, against Thomas L. Morrow, Thomas A. Fleming, Henry F. Fleming, and. John L. Fleming.
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.Appeal from.the Chancery Courfref Shelby.. Heard before the Hon. James B„-Clark. The bill in this case was filed,, on-the 22d March, ISoSj by Abner J. Wells, against Thomas L. Morrow, Thomas A. Fleming, Henry F. Fleming, and. John L. Fleming. Its object was, to subject a certain tract of-laad-, which was in the possession of the defendant.Morrow,-to the payment of three notes held by the complainant. . The land belonged to Thomas A. Fleming, and was sold by - him, on the 1st February, 1851, to his two sons¡ Henry F. and John L* Fleming. The stipulated price was $300, ior which four notes…
1Opinion of the CourtStone, J.
The right "of complainant to proceed by bill to-subject the land in controversy to. tbe payment of the three notes which were executed to secure the pur-* chase-money, is too well settled to bé open to further controversy. . The -present case, in - that -feature of it, is not distinguishable from former cases, which have received the sanction of this court; — See Connor v. Banks, 18 Ala. 42; *128Kelly v. Payne, 18 Ala. 371; Rosser v. McCook, 7 Ala. 318.
The only defense in this case which we deem it- necessary to notice, is that which claims that Mr. Morrow is a bonafide purchaser of the land,…
2Cases cited20 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Fenno v. SayreSupreme Court of Alabama · 1842
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Locke's v. PalmerSupreme Court of Alabama · 1855
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3Cited by43 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Craft v. RussellSupreme Court of Alabama · 1880
- Eversdon v. MayhewCalifornia Supreme Court · 1884
- Short v. BattleSupreme Court of Alabama · 1875
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