Caller v. Vivian
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the first District. The case made by the bill is this: In November, 1836, the complainant purchased from Flavel Vivian, who was the defendant’s intestate, three slaves, at the price of $3,100, and in payment therefor indorsed to said Vivian, a note made by one Bullock, for $4,280, which was at maturity, on the 11th April, 1837. It was agreed between the parties, that when this note should be collected by Vivian, he would pay to the…
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Writ of Error to the Court of Chancery for the first District. The case made by the bill is this: In November, 1836, the complainant purchased from Flavel Vivian, who was the defendant’s intestate, three slaves, at the price of $3,100, and in payment therefor indorsed to said Vivian, a note made by one Bullock, for $4,280, which was at maturity, on the 11th April, 1837. It was agreed between the parties, that when this note should be collected by Vivian, he would pay to the complainant the difference between the sum collected and the price of the slaves. When the note became due, it remaining…
1Opinion of the CourtGoldthwaite, J.
1. The equity supposed to arise out of the agreement between Caller and Yivian, previous to the confession of the judgment by the former, is not of that description which gives jurisdiction to a court of chancery. If the agreement was based on a sufficient consideration, the parly has a clear legal remedy for its breach, and under ordinary circumstances, a court of equity will not interfere to compel the specific execution of a contract affecting personal chattels only. But if the power to grant relief was conceded in a case like this, the bill ought not to be sustained without an allegation…
2Cases cited2 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Inge v. Branch Bank of MobileSupreme Court of Alabama · 1838
3Cited by5 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- Sawyer's Adm'r v. PattersonSupreme Court of Alabama · 1847
- Bank of Alabama v. GoddenSupreme Court of Alabama · 1849
- Winston v. YearginSupreme Court of Alabama · 1874
- Buckalew v. SmithSupreme Court of Alabama · 1870