Graham v. Tankersley
Supreme Court of Alabama
Error to the 3d Chancery District, before the Hon. Anderson Crenshaw, Chancellor. In this case, the bill was filed by defendant against plaintiff in error, and alleges, that on thel8th day of May, 1836, he purchased of Susanna McNeill, then of Sumter county, in this state, but now of Newton county, Mississippi, the east half of the south east quarter, and fraction C of section twenty, township nineteen, and range two, west, in the district of land subject to sale at…
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Error to the 3d Chancery District, before the Hon. Anderson Crenshaw, Chancellor. In this case, the bill was filed by defendant against plaintiff in error, and alleges, that on thel8th day of May, 1836, he purchased of Susanna McNeill, then of Sumter county, in this state, but now of Newton county, Mississippi, the east half of the south east quarter, and fraction C of section twenty, township nineteen, and range two, west, in the district of land subject to sale at Demopolis, at the price of $3,900, for which he gave his two notes of equal amounts, payable at one and two years, and received…
1Opinion of the CourtChilton, J.
1. It is objected, that the bill in this case contains no averments as to the insolvency of Mrs. McNeill, the vendor, to give the court jurisdiction. This objection is not sustained by the record. The bill avers, that she is in very slender circumstances, and unable to respond in damages which the complainant may recover in an action at law upon her covenant of warranty. Besides this, she is charged to reside beyond the jurisdiction of the court. Several decisions of this court, we think, very clearly show, such averments are sufficient to authorize the vendor to come into chancery, to enjoin…
2Cases cited5 opinions
- Carneal v. BanksSupreme Court of the United States · 1825
- Griggs v. WoodruffSupreme Court of Alabama · 1848
- Hunter v. O'NeilSupreme Court of Alabama · 1847
- Wathen's v. ChamberlinCourt of Appeals of Kentucky · 1839
- Savage v. CarterCourt of Appeals of Kentucky · 1840
3Cited by7 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Steele v. MealingSupreme Court of Alabama · 1854
- Edge v. BonnerSupreme Court of Alabama · 1952
- Harton v. LittleSupreme Court of Alabama · 1909
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