Micou v. Ashurst
Supreme Court of Alabama
Appeal from tbe Chancery Court of Elmore. Heard before tbe Horn Charles Turher. Tbe material facts of this case may be thus stated: In August, 1862, Robert T. Asburst purchased a tract of land from Robert Thompson, at tbe agreed price of $11,000, paying $1,000 cash, and agreeing to pay tbe balance as follows: $3,000 on tbe 1st November, 1862, and $7,000 on tbe 1st January, 1863. Thompson did not then have the legal title to the land, but bad paid tbe entire purcbase-money,…
Read the full summary
Appeal from tbe Chancery Court of Elmore. Heard before tbe Horn Charles Turher. Tbe material facts of this case may be thus stated: In August, 1862, Robert T. Asburst purchased a tract of land from Robert Thompson, at tbe agreed price of $11,000, paying $1,000 cash, and agreeing to pay tbe balance as follows: $3,000 on tbe 1st November, 1862, and $7,000 on tbe 1st January, 1863. Thompson did not then have the legal title to the land, but bad paid tbe entire purcbase-money, and held the bond for titles of McKenzie & Wright, from whom be had purchased; and he transferred this bond to Asburst,…
1Opinion of the Court
BRICKELL, C. J. —
The original bill proceeds on the theory, that the complainant and defendant stand in the relation of mortgagor and mortgagee — that the mortgage debt, having been contracted for a loan of bonds of the Confederate States, is void, and incapable of enforcement; and that the complainant is therefore entitled to a cancellation of the evidences of the debt, and of the writings which constitute the mortgage; or, if the debt and mortgage are not void, it is averred that the debt was contracted with the understanding it should be paid in Confederate treasury-notes; and it is…
2Cases cited15 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Kelly v. PayneSupreme Court of Alabama · 1850
- Stephenson v. ThompsonIllinois Supreme Court · 1851
10 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
30 more not listed; retrieve them via the Exa API.