Mackintosh. v. Stewart
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by D. H. Stewart against James A. Mackintosh, and Others,-to abate the purchase price of land, and to enjoin a bank from paying certain notes until the matter of the purchase price is determined. Prom a decree overruling demurrers to the bill respondents appeal.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by D. H. Stewart against James A. Mackintosh, and Others,-to abate the purchase price of land, and to enjoin a bank from paying certain notes until the matter of the purchase price is determined. Prom a decree overruling demurrers to the bill respondents appeal. There was no equity in the bill and the demurrers numbered 3, 4, 8 and the additional demurrers should have been sustained. — Cultura v. Branch Bank, 4 Ala. 21; Thompson v. Christian, 28 Ala. 399; Tobin v. Bell, 61 Ala. 125; Qriel v. Lomax, 86 Ala. 135; Carrier…
1Opinion of the CourtSayre, J.
The bill shows that Stewart bought a tract of land from Mackintosh, who resides in the state of New Jersey, giving notes for deferred payments. By agreement, Mackintosh’s deed was made to Tonsmeire “as trustee,” without more to define the trust. There were no express covenants, but the words of conveyance were, “grant, bargain, sell and convey.” The City Bank & Trust Company of Mobile had let Stewart have money with which to make a partial payment, and a few days after the deed of trust had been executed Stewart and the bank entered into a formal agreement by which the bank, among other…
2Cases cited11 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Porter v. RosemanIndiana Supreme Court · 1905
- Wilson v. . ForbesSupreme Court of North Carolina · 1828
- Douglass v. LewisSupreme Court of the United States · 1889
- Roebuck v. DupreySupreme Court of Alabama · 1841
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1922
- St. Paul Title Ins. Corp. v. OwenSupreme Court of Alabama · 1984
- Lost Creek Coal & Mineral Land Co. v. HendonSupreme Court of Alabama · 1926
- Burton v. PriceSupreme Court of Florida · 1932
- Dothan Nat. Bank v. HollisSupreme Court of Alabama · 1925
9 more not listed; retrieve them via the Exa API.