Ferguson v. Morris
Supreme Court of Alabama
Bill in Equity to Enjoin Action of Ejectment, Appeal from Talladega Chancery Court. Heard before Hon. N. S. Graham. On the 4th day of March, 1871, W. A. Morris filed this bill against Sarah B. Ferguson and others, to enjoin an action of ejectment instituted by them, as the heirs at law of Jos. W. Ferguson, deceased, for the recovery of certain lands described in the bill. About the first of October, 1860, Jos.
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Bill in Equity to Enjoin Action of Ejectment, Appeal from Talladega Chancery Court. Heard before Hon. N. S. Graham. On the 4th day of March, 1871, W. A. Morris filed this bill against Sarah B. Ferguson and others, to enjoin an action of ejectment instituted by them, as the heirs at law of Jos. W. Ferguson, deceased, for the recovery of certain lands described in the bill. About the first of October, 1860, Jos. W. Ferguson, the father of appellants, sold six hundred acres of land in Talladega county to Ben. E. Sawyer for $5,100. A note made by B. F. and Elbert H. Sawyer, due October 1, 1861,…
1Opinion of the CourtBb.ickell, C. J.
— The legal estate in the premises in -controversy resided in Joseph W. Ferguson, the ancestor of appellants, at the time of his death. It was not divested by the sale to Sawyer, or the bond he executed with condition to make titles on the payment of the purchase-money. The sale, coupled with the' bond, created but an equity, imperfect until the purchase-money was finally paid. The appellee, who by his purchase and the conveyance to him, has succeeded to Sawyer’s rights under his contract of purchase,' and to his interest in the lands, is also subjected to his duties and liabilities. As…
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