Goodbar, White & Co. v. Daniel
Supreme Court of Alabama
Appeal from the Chancery Court of Cherokee. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 16th February, 1889, by Goodbar, White & Co., merchants and partners doing business in the city of St. Louis, and judgment creditors of J. B. Mackey, against J. M. Daniel and his wife, Mrs. Myra J. Daniel; and sought (1) to set aside, on the ground of fraud, a conveyance of a tract of land to Mrs. Daniel by said Mackey and wife; (2) to have an account of the…
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Appeal from the Chancery Court of Cherokee. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 16th February, 1889, by Goodbar, White & Co., merchants and partners doing business in the city of St. Louis, and judgment creditors of J. B. Mackey, against J. M. Daniel and his wife, Mrs. Myra J. Daniel; and sought (1) to set aside, on the ground of fraud, a conveyance of a tract of land to Mrs. Daniel by said Mackey and wife; (2) to have an account of the moneys invested by said Mackey in the purchase of said land, and the amount declared a lien on the land for the…
1Opinion of the CourtSomerville, J.
1. The court, in sustaining the third, ground of the first demurrer, ruled that the complainants, under the facts stated in the bill, had a plain and adequate remedy at law by the action of ejectment. This view can be supported only on the theory, that when the complainants purchased the land in controversy, at the sheriff’s sale under the execution issued against J. B. Mackey on their judgment, they bought the legal title. We have many times held, that a purchaser of the legal title to land, sold under execution at a sheriff’s sale, has a plain and adequate remedy at law by ejectment,…
2Cases cited12 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Terrell v. Branch Bank at MobileSupreme Court of Alabama · 1847
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Watt v. German Savings BankCourt of Appeals of Iowa · 1917
- Ginn v. HardySupreme Court of Alabama · 1900
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