Stow v. Bozeman's Executors
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Hoard before the Hon. James B. CLARK. This bill was filed by Joel Stow, the appellant, against the executors of Nathan Bozeman, deceased ; the material allegations being as follows : That complainant, in 1837, purchased a tract of land from said Bozeman, at the price of $4,500, and executed to him four notes for the purchase money, payable on the first of March respectively in the years 1838, 1839,1840, and 1841 ; that the land…
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Appeal from the Chancery Court of Tallapoosa. Hoard before the Hon. James B. CLARK. This bill was filed by Joel Stow, the appellant, against the executors of Nathan Bozeman, deceased ; the material allegations being as follows : That complainant, in 1837, purchased a tract of land from said Bozeman, at the price of $4,500, and executed to him four notes for the purchase money, payable on the first of March respectively in the years 1838, 1839,1840, and 1841 ; that the land consisted of two contiguous half-sections, through which the Tallapoosa river ran, and which were represented by Bozeman…
1Opinion of the CourtWalker, J.
The court below erred, in our opinion, in the rule which it adopted for the ascertainment of the injury sustained by appellant in consequence of the deficiency in the quantity of the land sold to him. The lands sold consisted of the west half of the .fractional section four, and the east half of fractional section five ; and the north and south line, dividing the two contiguous half-sections, is the western boundary line of the former, and the eastern boundary line of the latter. The half-sections were represented to have together an area of 640 acres, while in truth they are fractional…
2Cases cited10 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Whiteside v. JenningsSupreme Court of Alabama · 1851
- Kornegay v. WhiteSupreme Court of Alabama · 1846
- Hogan v. ThoringtonSupreme Court of Alabama · 1839
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Lyon v. PowellSupreme Court of Alabama · 1884
20 more not listed; retrieve them via the Exa API.