May v. Lewis
Supreme Court of Alabama
Error to tbe Chancery Court of Pickens. Heard before tbe Hon. W. W. MASON. This bill is filed by the plaintiff in error, against Benjamin P. Lewis and Samuel D. Lewis.
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Error to tbe Chancery Court of Pickens. Heard before tbe Hon. W. W. MASON. This bill is filed by the plaintiff in error, against Benjamin P. Lewis and Samuel D. Lewis. It alleges, that complainant sold to defendants certain lands, having mills situated on them, for a specified price, and gave them his bond for titles; that the purchase money was to be paid out of the proceeds of the mills, complainant retaining the legal title in himself until the purchase money was paid; that defendants entered upon the lands, and took possession of the mills, and have paid complainant a portion of the…
1Opinion of the CourtGoldthwaite, J.
The special relief prayed for was, that the defendants should be decreed to pay the amount of the purchase money found to be due to the complainant; and he clearly was not entitled to this relief, as the bill upon its *648face shows a perfect right to recover at law upon the contract. The lands were to be paid for out of the proceeds of the mills as received, and the bill expressly alleges, that the defendants had received from the mills an amount sufficient to pay the purchase money; and if this was the case, there is no reason why he should not recover on the contract at law.
The bill, however,…
2Cases cited2 opinions
- Chapman v. ChunnSupreme Court of Alabama · 1843
- Haley v. BennettSupreme Court of Alabama · 1837
3Cited by18 opinions
- Reiger v. TurleySupreme Court of Iowa · 1911
- Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Munford v. PearceSupreme Court of Alabama · 1881
- Betts v. GunnSupreme Court of Alabama · 1857
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