Tillis v. Folmar
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. I). Sayrio. Bill by W. B. Folmar at Bichard Tillis, et al to compel them as principal debtors to discharge the debts for AA'hich Folmar is surety. The allegations of the bill and the facts in the case are sufficiently set forth in the opinion of the court. The contract right of the parties must he enforced by legal remedies, unless the inadequacy of such remedies is shoAvn. —Brown, Admr. r.
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Appeal from Montgomery City Court. Heard before Hon. A. I). Sayrio. Bill by W. B. Folmar at Bichard Tillis, et al to compel them as principal debtors to discharge the debts for AA'hich Folmar is surety. The allegations of the bill and the facts in the case are sufficiently set forth in the opinion of the court. The contract right of the parties must he enforced by legal remedies, unless the inadequacy of such remedies is shoAvn. —Brown, Admr. r. Bnrnum, 99 Ala. 114. Jurisdiction of the chancery court cannot he invoked upon the theory of enforcing a lieu for the payment of the purchase money.…
1Opinion of the CourtHaralson, J.
1. It must be admitted that where one partner sells his interest in the firm to another part*181ner, ancl the same thing is true when a stranger buys out the interest of one of the partners, such purchase, unless it is otherwise provided by the contract of sale, operates such a change in the position of the seller, that he no longer has any claim based on the partnership relation, which would justify an accounting between the partners; and the compensation agreed to be paid must be enforced at law, equity having no jurisdiction to enforce the agreement. — Brown v. Burnum, 99 Ala. 114, 12 South.…
2Cases cited5 opinions
- Mason v. HallSupreme Court of Alabama · 1857
- Thomas v. St Paul's M. E. ChurchSupreme Court of Alabama · 1888
- West v. ChastenSupreme Court of Florida · 1868
- Brown v. BurnumSupreme Court of Alabama · 1892
- Peacey's Creditors v. Peacey's Adm'rSupreme Court of Alabama · 1855
3Cited by23 opinions
- City of Mobile v. SmithSupreme Court of Alabama · 1931
- Kelly v. CarmichaelSupreme Court of Alabama · 1930
- Segall v. LoebSupreme Court of Alabama · 1928
- Hudson Trust Co. v. ElliottSupreme Court of Alabama · 1915
- West Huntsville Cotton M. Co. v. AlterSupreme Court of Alabama · 1910
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