McAlister v. Montgomery

The bill states that King and’ Montgomery were partners in trade, and purchased a lot; that King died, and Montgomery sold the lot to the complainant, who gave a bond to him for the purchase money; that as Montgomery had a title but to half of the lot, the deed of conveyance which he had made vested a title only to half in the purchaser; that therefore the contract ought to be rescinded, and the bond delivered up to be canceled, and the deed of conveyance also. The defendant demurred. And now the question *77is, whether a surviving partner, by the laws of this State, can sell and dispose in fee…