Walker v. Palmer
Supreme Court of Alabama
Error, to the Chancery Court of Benton. Heard before the Hon. E. D. Townes. This bill was filed by John B. Palmer against Joshua ft. Walker.
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Error, to the Chancery Court of Benton. Heard before the Hon. E. D. Townes. This bill was filed by John B. Palmer against Joshua ft. Walker. It alleges, substantially, that in 1842 defendant, as administrator of the estate of John Walker, who was the father of complainant’s wife, received from her certain notes which had been given to her as a part of her portion of her father’s estate; that in 1845 complainant purchased a tract of land, situated in Benton County, from one Little, for about $350, and took from him a bond for title on the payment of the purchase money j that in December, 1845,…
1Opinion of the CourtPhelan, J.
The bill in this case alleges, that the title bond from Little was delivered to the defendant, Walker, as agent of the complainant, to enable him to make sale of the land; but expressly avers, that it was not transferred or sold to him; and further alleges, that the payment of the purchase money, by Walker to Little, and the making of the deed from the latter to the former, was not with the knowledge or consent of complainant.
Walker, in his answer, denies these allegations; aiid the answer goes on to aver, affirmatively, that the transaction was with Palmer’s consent. There is no proof to…
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