Griggsby v. Hair
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. J. W. LeseSNE. This bill was filed by Samuel M. Griggsby against James Hair, to obtain the legal title to a tract of land which the defendant held, and to enjoin him from further proceedings in an action at law to recover possession of it.
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Appeal from the Chancery Court of Sumter. Heard before the Hon. J. W. LeseSNE. This bill was filed by Samuel M. Griggsby against James Hair, to obtain the legal title to a tract of land which the defendant held, and to enjoin him from further proceedings in an action at law to recover possession of it. The complainant alleges that, in 1831, one John M. Bolling sold the said tract of land to one Frederick P. Evans, and executed to him a title bond conditioned to make a good and valid title to said land upon receiving full payment of the purchase money; that said Evans executed his notes for…
1Opinion of the Court
CHILTON, C. J. —
-The decree of the chancellor is clearly correct. The bill concedes that Hair has the -legal title to the land in controversy, and seeks to make him a trustee for the complainant, Griggsby, who insists that he is the equitable owner, having purchased it under a decree ordering a sale for the purchase money,' .whereas Hair only acquired the equitable rights of Evans, — an equity subordinate to that which exists in favor of the vendor by virtue of his lien for the purchase money. It is quite clear, however, upon an examination of the record, that the decree, under which Hair…
2Cases cited3 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Hall's ex'rs v. ClickSupreme Court of Alabama · 1843
3Cited by21 opinions
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