Legal Opinion

Wimbish v. Montgomery Mutual Building & Loan Ass'n

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 18 opinions

Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. On the 21st July, 1873, Eveline T. Wimbish, a married woman, by her next friend, filed the bill in this cause against Miles M. Wimbish, her husband, and Henry C. Moses, M. P. LeGrand and the Montgomery Mutual Building and Loan Association, a body corporate under the laws of this State.

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Appeal from Montgomery Chancery Court. Heard before Hon. H. Austill. On the 21st July, 1873, Eveline T. Wimbish, a married woman, by her next friend, filed the bill in this cause against Miles M. Wimbish, her husband, and Henry C. Moses, M. P. LeGrand and the Montgomery Mutual Building and Loan Association, a body corporate under the laws of this State. The purpose of the bill is to have delivered up and cancelled a deed executed by LeGrand to Moses conveying a lot of land in the city of Montgomery, which complainant’s husband had, prior to the execution of said deed, purchased from LeGrand…

1Opinion of the Court

BBICKELL, O. J.

We do not deem it necessary to consider any of the questions of fact which are matter of fair controversy. The rights of the parties seem capable of solution , and determination upon facts in reference to which there is no real conflict in the evidence. These facts are, that in 1871, the husband of the appellant contracted with one LeGrand, who was seized in fee of the premises in controversy, for the purchase of the premises at the price of twelve hundred and fifty dollars, payable in two equal installments, at (most probably) three *578and six months from the day of the purchase.…

2Cases cited3 opinions

  1. Raymond v. PritchardIndiana Supreme Court · 1865
  2. Brown v. ChambersSupreme Court of Alabama · 1848
  3. Reid v. DavisSupreme Court of Alabama · 1842

3Cited by18 opinions

  1. Ashurst v. PeckSupreme Court of Alabama · 1893
  2. Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
  3. Lewis v. HickmanSupreme Court of Alabama · 1917
  4. Gravlee v. WilliamsSupreme Court of Alabama · 1896
  5. Peck v. AshurstSupreme Court of Alabama · 1895

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