Evans v. Bryan
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Bill by Ruth Evans against A. J. Bryan, Jr., and E. Patterson to rescind land transaction and put the parties in statu quo. From a decree declining to grant the relief prayed as against the respondent Patterson, complainant appeals. Complainant exchanged her homestead property, then occupied by her, for land owned by A. J. Bryan, and a small money consideration.
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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Bill by Ruth Evans against A. J. Bryan, Jr., and E. Patterson to rescind land transaction and put the parties in statu quo. From a decree declining to grant the relief prayed as against the respondent Patterson, complainant appeals. Complainant exchanged her homestead property, then occupied by her, for land owned by A. J. Bryan, and a small money consideration. This agreement was executed by the delivery of their mutual deeds and the payment of the additional purchase money on October 25, 1915. On the same day, and within a…
1Opinion of the CourtSomerville, J.
The decisive question presented by this appeal is whether or not complainant’s continued occupation of the property conveyed by her to A. J. Bryan, Jr., on October 25, 1915, was notice to the respondent Patterson, when he purchased the property from her grantee a few hours later, of complainant’s equitable right to have a rescission of her conveyance and a restoration of her property; in short, whether Patterson was a purchaser in good faith, or a purchaser with notice of an equity, and subject to its enforcement.
[1] It is a principle of universal recognition that the possession of land is…
2Cases cited9 opinions
- Gamble v. Black Warrior Coal Co.Supreme Court of Alabama · 1911
- Turman v. BellSupreme Court of Arkansas · 1891
- Burns v. TaylorSupreme Court of Alabama · 1853
- Cameron v. RomeleTexas Supreme Court · 1880
- Tutwiler v. MontgomerySupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Touchstone v. PetersonSupreme Court of Alabama · 1983
- Wittmeir v. LeonardSupreme Court of Alabama · 1929
- Cumberland Capital Corporation, Inc. v. RobinetteCourt of Civil Appeals of Alabama · 1976
- Gilmore v. SextonSupreme Court of Alabama · 1950
- Holgerson v. GardSupreme Court of Alabama · 1952
2 more not listed; retrieve them via the Exa API.