Flournoy v. Harper
Supreme Court of Alabama
Appeal from the Chancery Court of Coffee. Heard before the Hon. John A. Eosteb. James B. Hawkins made a contract of sale of three hunclred acres of land to E. N. LaBoche for $500.00. Of this amount LaBoche paid $100.00 cash and executed to Hawkins two promissory notes of $200.00 each for the balance, payable in one and two years, respectively; and Hawkins gave LaBoche bond for title on payment of the notes. Hawkins sold these notes for value to appellant, J. E. P. Flournoy.
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Appeal from the Chancery Court of Coffee. Heard before the Hon. John A. Eosteb. James B. Hawkins made a contract of sale of three hunclred acres of land to E. N. LaBoche for $500.00. Of this amount LaBoche paid $100.00 cash and executed to Hawkins two promissory notes of $200.00 each for the balance, payable in one and two years, respectively; and Hawkins gave LaBoche bond for title on payment of the notes. Hawkins sold these notes for value to appellant, J. E. P. Flournoy. When the notes fell due, LaBoche, being unable to meet them, entered into an agreement with one James M. Crosby, that…
1Opinion of the CourtStone, C. J.
— In the final decree in this cause, Flournoy was treated as a party, and his rights were so far passed upon, as to hold that he and Harper were each lienees, with equal equities, entitled to share pro rata in the proceeds of the lands described in the pleadings. In this the chancellor erred, as we shall hereafter show.
Under the proof in this record, we hold the facts may be summarized as follows: By the terms of the contract of sale from Hawrkins to LaBoche, the former became trustee of the title of the lands for LaBoche’s benefit, when the latter should pay the purchase-money, -and only…
2Cases cited11 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Hunt v. AcreSupreme Court of Alabama · 1856
- Renfro Bros. v. Goetter, Weil & Co.Supreme Court of Alabama · 1884
- Kelly v. LongshoreSupreme Court of Alabama · 1884
- Young v. HawkinsSupreme Court of Alabama · 1883
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3Cited by3 opinions
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Betts v. SykesSupreme Court of Alabama · 1886
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891