City Loan & Banking Co. v. Poole
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. . Heard before Hon. Alfred Benners. Bill to quiet title by Washintgon Poole against the City Loan & Banking Company.
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Appeal from Jefferson Chancery Court. . Heard before Hon. Alfred Benners. Bill to quiet title by Washintgon Poole against the City Loan & Banking Company. Washington Poole filed his bill to quiet title to certain lots in the city of Birmingham, alleging that at a certain time one Bowman sold him the lots in question; that he paid the purchase money for the same, $300, and. was put in possession of the property the next day, and- had remained therein, in open, notorious possession, since; that Bowman promised to make him a deed to the same at once, but had never done so; that soon after he…
1Opinion of the Court
ANDERSON, J. —
The main point insisted upon by the appellant in this case is that its title should prevail over the claim of the appellee, because appellee’s purchase of the lots in question was within the fifth sub*168division of the statute of frauds. — Section 2152 of the Code of 1896. The only parol purchase excepted from the influence of this statute is that “the purchase money, or a portion thereof be paid and the purchaser be put into the possession of the land by the seller.” It is true that both of these acts must concur to save the purchase from the influence of the statute of frauds. —…
2Cases cited7 opinions
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Davis v. CurrySupreme Court of Alabama · 1887
- Powell v. HigleySupreme Court of Alabama · 1890
- Anthe v. HeideSupreme Court of Alabama · 1887
- Liddell & Co. v. CarsonSupreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Davidson v. BrownSupreme Court of Alabama · 1926
- Woodland Grove Baptist Church v. WOODLAND GROVE COMMUNITY CEMETERY ASSOCIATIONSupreme Court of Alabama · 2006
- Gilliland v. HawkinsSupreme Court of Alabama · 1927
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