Legal Opinion

Micou v. Ashurst

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 35 opinions

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,…

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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

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
  3. Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
  4. Kelly v. PayneSupreme Court of Alabama · 1850
  5. Stephenson v. ThompsonIllinois Supreme Court · 1851

10 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Seals v. Robinson & Co.Supreme Court of Alabama · 1883
  2. Shipman v. FurnissSupreme Court of Alabama · 1881
  3. Lehman v. MeyerSupreme Court of Alabama · 1880
  4. Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
  5. Gordon's Adm'r v. RossSupreme Court of Alabama · 1879

30 more not listed; retrieve them via the Exa API.

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