Cowley v. Shelby
Supreme Court of Alabama
Appjcal from Madison Oban eery Court. The record does not disclose'the name of the chancellor before M'hom the cause was heard. ' The bill in this canse was filed on 13th January, 1879, by David D. Shelby, as trustee under a certain deed of trust, against Matthew M. Cowley and William M. Bozell, and their wives, to foreclose a mortgage on lands, executed by the defendants to the complainant: The complainant, as trustee, being seized and possessed of a certain tract of land…
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Appjcal from Madison Oban eery Court. The record does not disclose'the name of the chancellor before M'hom the cause was heard. ' The bill in this canse was filed on 13th January, 1879, by David D. Shelby, as trustee under a certain deed of trust, against Matthew M. Cowley and William M. Bozell, and their wives, to foreclose a mortgage on lands, executed by the defendants to the complainant: The complainant, as trustee, being seized and possessed of a certain tract of land in Madison county, sold the same to one Simmons on a credit, agreeing to execute a conveyance of the land on payment of…
1Opinion of the CourtSomebyille, J.
-The contract between the appellant *125Cowley and Simmons, by which the latter agreed to put Cowley in possession of the lands in controversy by a given date, was res inter alios so far as concerns the appellee, Shelby. It is not shown that Shelby had anything whatever to do with this agreement, and it can not be made the basis of any claim of damages against him in this suit.
It was very clearly not competent for the appellant to prove by parol evidence that he intended to mortgage an interest in the land, described as a tract containing one hundred and sixteen acres, different from that…
2Cases cited3 opinions
- Chambers v. FalknerSupreme Court of Alabama · 1880
- Cunningham v. MilnerSupreme Court of Alabama · 1876
- Gardner's Adm'r v. MorrisonSupreme Court of Alabama · 1847
3Cited by5 opinions
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Draper v. WalkerSupreme Court of Alabama · 1893
- Gafford v. StraussSupreme Court of Alabama · 1889
- Red Mountain Mining Co. v. Jefferson County Savings BankSupreme Court of Alabama · 1896
- Lakeshore Drive Recreation Club, Inc. v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1981