Scroggins v. McDougald
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 14th District. The case made by the bill is this: Certain persons named in the bill were constituted commissioners of the town of Crawford, in Russell county, for the purpose of selling lots therein, and conveying titles to the same. Some» time in the year 1840, these commissioners sold to one McLean, a certain lot described as No. 27, and executed to him a certificate of the purchase.
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Writ of Error to the Court of Chancery for the 14th District. The case made by the bill is this: Certain persons named in the bill were constituted commissioners of the town of Crawford, in Russell county, for the purpose of selling lots therein, and conveying titles to the same. Some» time in the year 1840, these commissioners sold to one McLean, a certain lot described as No. 27, and executed to him a certificate of the purchase. McLean went into possession of the lot, improved it, by building a log cabin, &c. and afterwards, in March, 1841, sold the lot for $300, to one Bagly, and executed…
1Opinion of the Court
GOLDTHWAITE, J
The admissions of the counsel for McDougald, as well as the evidence of the only witness examined in the cause, establishes that the complainant and Bagly, under whom she claims, had the actual possession of the lot at the time when McLean assigned the certificate ’ of the commissioners to McDougald, by means of which he subsequently obtained the title. The only question therefore, in this aspect of the case is, whether the possession so held was a sufficient matter to put the defendant, McDougald, upon inquiry as to the title of the occupants, and thus affect him with notice,…
2Cases cited2 opinions
- Governeur v. LynchNew York Court of Chancery · 1830
- Johnston v. GwathmeyCourt of Appeals of Kentucky · 1823
3Cited by9 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Betts v. WardSupreme Court of Alabama · 1916
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
- Walls v. HumphriesSupreme Court of Arkansas · 2013
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