Owen v. Moore
Supreme Court of Alabama
Error to the Chancery Court at Moulton. Before the Hon, W. W. Mason, Chancellor. The bill was filed by the plaintiff in error, and alledges, that about the 26th September, 1837, one Evan Murphy sold to Thomas G. Dobbins a lot of land in the town of Moul-ton, with the improvements thereon, which is described, for the sum of $1500, by three several writings obligatory, for $500 each, executed by Dobbins to Murphy, all of which complainant believes to have been paid, except…
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Error to the Chancery Court at Moulton. Before the Hon, W. W. Mason, Chancellor. The bill was filed by the plaintiff in error, and alledges, that about the 26th September, 1837, one Evan Murphy sold to Thomas G. Dobbins a lot of land in the town of Moul-ton, with the improvements thereon, which is described, for the sum of $1500, by three several writings obligatory, for $500 each, executed by Dobbins to Murphy, all of which complainant believes to have been paid, except one, which fell due on the first of January, 1841, of which complainant is the bona fide transferee and holder, for a…
1Opinion of the CourtCollier, C. J.
It is difficult to perceive any ground upon which Murphy can be held to be an indispensable party to this suit. As between the plaintiff and defendants he has no such interest as requires him to be brought before the court; the plaintiff does not ask a decree against him, and if he did, we do not think he would be entitled to it. Murphy has no title to the lot in controversy, either legal or equitable, but conveyed it long previous to the filing of the bill, by a deed with warranty to the defendant, Dobbins, his immediate vendee. All this appears upon the bill, is admitted by the answers, and…
2Cases cited7 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Tillotson v. Doe ex dem. KennedySupreme Court of Alabama · 1843
- Hall's ex'rs v. ClickSupreme Court of Alabama · 1843
- White v. StoverSupreme Court of Alabama · 1846
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3Cited by5 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Culbreath v. Guiterman, Rosenfield & Co.Supreme Court of Alabama · 1927
- Fuller v. HollisSupreme Court of Alabama · 1876
- Campbell v. RoachSupreme Court of Alabama · 1871
- Marle v. Burchfield Bros.Supreme Court of Alabama · 1934