Moseley v. Moseley
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. ■ Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 8th November, 1887, by Level Moseley, against Tim Moseley, and alleged, in substance, that in January, 1885, complainant bought a town lot in Decatur from M. C. Wade, at the agreed price of $100, paid part of the purchase-money, entered into possession, and commenced the erection of valuable improvements; that in February, 1887, being unable to pay…
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Appeal from the Chancery Court of Morgan. ■ Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 8th November, 1887, by Level Moseley, against Tim Moseley, and alleged, in substance, that in January, 1885, complainant bought a town lot in Decatur from M. C. Wade, at the agreed price of $100, paid part of the purchase-money, entered into possession, and commenced the erection of valuable improvements; that in February, 1887, being unable to pay the balance of the purchase-money, he applied to the defendant for assistance, “and succeeded in making satisfactory…
1Opinion of the CourtClopton, J.
In January, 1885, appellee purchased of M. 0. Wade a lot of land in the town of Decatur at the price of one hundred dollars. He paid about one-half of the purchase-money, and, being unable to pay the balance, made an arrangement with the appellant, about January 1st, 1887, by which the latter agreed to pay the unpaid purchase-money, and take a deed from Wade to one-half of the lot. *291The appellant paid Wade the balance dne on the lot, and Wade executed to him a deed absolute in form. At this point the controversy between the parties arises. Appellee contends, that the arrangement was, that…
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