Barry v. Stephens
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by Kinnon Barry and others against James M. Stephens and others to quiet title of land and remove cloud from title. Decree for respondents, and complainants appeal.
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Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by Kinnon Barry and others against James M. Stephens and others to quiet title of land and remove cloud from title. Decree for respondents, and complainants appeal. It seems from the averments of the bill that in the year 1856 the township trustees of township, 8 range 24, in Barbour county, Ala., sold certain school lands in all respects conformable to law, and that John R. Barry became the purchaser therefor, and was put in possession thereof, upon the execution by him of the four purchase-money notes with…
1Opinion of the CourtAnderson, J.
The bill avers a purchase of the land involved by complainants’ ancestor, John R. Barry, in the year 1856; that it was school land, and sold by the trustees under the statute, and that he executed the purchase-money notes with such sureties as required by law, and which said notes were accepted by the township trustees. Section 538 of the Code of 1852, provides: “The trustees, on the execution of the notes, must give to the purchaser a certificate of purchase, showing the quantity of land in acres, describing the lots purchased, and specifying the amount of the purchase money.” The law…
2Cases cited5 opinions
- Hardeman v. DonagheySupreme Court of Alabama · 1910
- Echols v. HubbardSupreme Court of Alabama · 1890
- Morgan v. Lehman, Durr & Co.Supreme Court of Alabama · 1890
- Watson v. PrestwoodSupreme Court of Alabama · 1885
- Davis v. BinghamSupreme Court of Alabama · 1895
3Cited by4 opinions
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Grayson v. SchwabSupreme Court of Alabama · 1938
- Gamble v. AndrewsSupreme Court of Alabama · 1914
- Cox v. WilliamsSupreme Court of Alabama · 1941