Younge v. Harris' Administrator
Supreme Court of Alabama
Error to the Chancery Court, sitting at Cahawba. This was a bill in Chancery, filed by the plaintiff in error, originally in the Circuit Court of Dallas County, and after-wards transfered to the separate Chancery Court at Cahaw-ba, against Bernard Johnson, Administrator uf Winfield Harris and Hugh Younge.
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Error to the Chancery Court, sitting at Cahawba. This was a bill in Chancery, filed by the plaintiff in error, originally in the Circuit Court of Dallas County, and after-wards transfered to the separate Chancery Court at Cahaw-ba, against Bernard Johnson, Administrator uf Winfield Harris and Hugh Younge. The bill alledges that the complainant purchased of Harris, the north east quarter of section number seventeen, in township fifteen, of range seven, of the lands sold at Cahawba, about the 17th of April, 1833, at the price of eight hundred dollars, and executed his notes for the purchase of…
1Opinion of the CourtOrmond, J.
— The argument of the counsel for the defendant in error, is, that the plaintiff in error is not entitled to a decree rescinding the contract, because he has not been evicted, nor abandoned the possession of the land. The decisions of this Court are uniform on this subject, when the question has arisen at law — that the vendee, while he retains the possession, cannot refuse to pay the purchase money; otherwise, it might *111happen, that he would get the land without paying for it, as a Court of law, could exact no conditions from him, as the price of affording its aid. But in a Court of Chancery,…
2Cited by28 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Shahan v. BrownSupreme Court of Alabama · 1910
- Giles v. WilliamsSupreme Court of Alabama · 1842
- Garner, Neville & Co. v. LeverettSupreme Court of Alabama · 1858
- Meeks v. GarnerSupreme Court of Alabama · 1890
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