McMorris v. Crawfoed
Supreme Court of Alabama
Error to the Chancery Court of Autauga county. Before theHoh. J. W. Lesesne, Chancellor. See the facts fully recited in the opinion of the court. 1. The offer to rescind is too late, the presumptions are against the vendee. Steele v. Kinkle, 3 Ala. 352; Newell v..
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Error to the Chancery Court of Autauga county. Before theHoh. J. W. Lesesne, Chancellor. See the facts fully recited in the opinion of the court. 1. The offer to rescind is too late, the presumptions are against the vendee. Steele v. Kinkle, 3 Ala. 352; Newell v.. Turner, 9 Porter, 420; Saddler v. Robison, 2 Stew. 520. 2. John Bradford had a resulting trust in the tract of land, entered in the name of James Bradford; consequently it is not affected by the judgments, against James Bradford, as charged by complainant. Larkin v. Rhodes, 5 Porter, 195 ; Jack v. Leggett, .7 Wend. 377. 3. The…
1Opinion of the CourtDargan, J.
In 1836, James Tabor sold to the complainant, a tract of land, consisting of several half quarter sections, and gave bond to make title, when the purchase money should be paid. The complainant gave his note for the purchase money, payable in January, 1839, and took possession, which he has quietly enjoyed ever since. In 1837, Tabor assigned the note to John McNeil, and being about to leave the state, executed a deed in favor of the complainant, to be delivered to him, on the payment of the purchase money.
The complainant paid a portion of the purchase money to McNeil, and being sued by his…
2Cited by2 opinions
- Fuller v. HollisSupreme Court of Alabama · 1876
- Wilson v. EmigSupreme Court of Kansas · 1890