Haley v. Bennett
Supreme Court of Alabama
This case was brought up by writ of error to the Circuit Court of Franklin county, exercising Chancery jurisdiction, to reverse a decree, rendered below, against the plaintiff in error. The original bill was filed by defendant in error, on the fifteenth day of February, eighteen hundred and thirty-three, to subject a certain lot of land, with the improvements thereon, in the town of Tus-cumbia, to the payment of the purchase money for the lot.
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This case was brought up by writ of error to the Circuit Court of Franklin county, exercising Chancery jurisdiction, to reverse a decree, rendered below, against the plaintiff in error. The original bill was filed by defendant in error, on the fifteenth day of February, eighteen hundred and thirty-three, to subject a certain lot of land, with the improvements thereon, in the town of Tus-cumbia, to the payment of the purchase money for the lot. The bill stated, that the complainant was the owner of lot, number five hundred and sixty-three, in the town of Tuscumbia, Franklin county; and at the…
1Opinion of the CourtGoldthwaite, J.
The case which is presented on the record, is one of some novelty, and not entirely divested of difficulty.
The complainant sought, in the Court below, to subject a lot, in the town of Tuscumbia, in the same manner as if he had conveyed it by deed to Browder, one of the defendants below, and it by him, had been reconveyed, in mortgage, to secure the payment of the notes given for the purchase money. In point of fact, no deed or conveyance, of any description, was ever made by the complainant, but the legal title remains the same as before the sale, he only declaring, in writing, that he had…
2Cases cited2 opinions
- Hatch v. WhiteU.S. Circuit Court for the District of New Hampshire · 1814
- Bradford v. Kimberly & BraceNew York Court of Chancery · 1818
3Cited by23 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
- Conner v. BanksSupreme Court of Alabama · 1850
- Micou v. AshurstSupreme Court of Alabama · 1876
- Kelly v. PayneSupreme Court of Alabama · 1850
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