Calloway v. McElroy
Supreme Court of Alabama
Writ of error to the Court of Chancery, for the third district of the southern division. THE bill alleges, that the complainant Calloway, in February, 1837, purchased from the defendants several tracts of land, which are specifically described; for which he executed his notes, with two other individuals as securities.
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Writ of error to the Court of Chancery, for the third district of the southern division. THE bill alleges, that the complainant Calloway, in February, 1837, purchased from the defendants several tracts of land, which are specifically described; for which he executed his notes, with two other individuals as securities. Previous to the purchase, the several tracts were shewn by the defendants to the complainant and his two securities, without respect to the numbers indicated by the public survey, and the contract of purchase was made with reference to the lands thus shewn and examined. The…
1Opinion of the CourtGoldthwaite, J.
The case made by this bill, is one of exclusive equity jurisdiction, because complete justice cannot be accorded in a Court of law, to each of the contending parties. This results from the fact that the complainant, by virtue of the conveyance received from the defendants, is invested with the title to lands which he never purchased; there*408fore, .the effect of a successful defence by the complainant, to a suit at law, on the notes made by him, would be, that the defendants would have neither lands nor money, and to obtain a re-conveyance of the former, would themselves be driven to a Court of…
2Cases cited2 opinions
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Camp v. CampSupreme Court of Alabama · 1841
3Cited by9 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Elliott v. BoazSupreme Court of Alabama · 1846
- Williams v. Mitchell's Adm'rSupreme Court of Alabama · 1857
- Hickson v. LingoldSupreme Court of Alabama · 1872
- Stevens v. HertzlerSupreme Court of Alabama · 1896
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