Hughes v. McKenzie
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. Heard before the Hon. John A. Foster. On the 22d February, 1890, the appellee, Charles McKenzie, filed his bill in the chancery court of Crenshaw county, against Kichard S. Hughes and others, the appellants ; and alleged therein that about eight years before the filing of the bill, he purchased from T. J. Boswell and wife the 400 acres of land described in the bill, for the agreed price of $1,000 ; that he paid $600 in cash, and…
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Appeal from the Chancery Court of Crenshaw. Heard before the Hon. John A. Foster. On the 22d February, 1890, the appellee, Charles McKenzie, filed his bill in the chancery court of Crenshaw county, against Kichard S. Hughes and others, the appellants ; and alleged therein that about eight years before the filing of the bill, he purchased from T. J. Boswell and wife the 400 acres of land described in the bill, for the agreed price of $1,000 ; that he paid $600 in cash, and agreed to pay the remaining $400 at a future day, for which he executed to said T. J. Boswell his promissory note, and…
1Opinion of the CourtHaralson, J.
There were four persons present when the deed from Boswell to defendant was executed and delivered, — the complainant, the defendant, Lee and Boswell. The deed from Boswell to defendant is absolute in form. It recites a consideration of $1,000 for its execution, — $600 as having been paid by complainant, and $400 by the defendant.
There is no dispute of the fact, that about 1882 complainant purchased the lands in controversy from Boswell, for the consideration of $1,000; that he paid in cash a part of the purchase money, and executed his note for the balance, and Boswell gave complainant his…
2Cases cited6 opinions
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Knaus v. DreherSupreme Court of Alabama · 1887
- Nelson v. KellySupreme Court of Alabama · 1890
- Vincent v. WalkerSupreme Court of Alabama · 1888
- Daniels v. LowerySupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hall v. O'ConnellOregon Supreme Court · 1908
- Richardson v. CurleeSupreme Court of Alabama · 1936
- W. T. Rawleigh Co. v. TimmermanSupreme Court of Alabama · 1920
- Hieronymus Bros. v. GlassSupreme Court of Alabama · 1897
- Pollak v. MillsapSupreme Court of Alabama · 1928