Paulling v. Sturgus
Supreme Court of Alabama
This was a bill in Chancery, filed in 1817, in Madison Circuit Court, by William R. Paulling against James A. Sturgus, and his two sons, William F. Sturgus and James B. Sturgus, and against William Pope jr. his son-in-law.
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This was a bill in Chancery, filed in 1817, in Madison Circuit Court, by William R. Paulling against James A. Sturgus, and his two sons, William F. Sturgus and James B. Sturgus, and against William Pope jr. his son-in-law. The object of the bill was to compel Pope to convey to Paulling, the complainant, a quarter section of land in Madison county, and to obtain a decree against James A. Stur-gus and his two sons for the profits of the land, deducting therefrom the amount of two installments of the original purchase money, paid to the Government of the United States, after the land was…
1Opinion of the Court
By JUDGE SAFFOLD.
Under the circumstances of the cascas above stated, the legal or equitable result in relation to the title is to be considered. Sotaras any conclusion is warranted from the indigence and consequent inability to purchase, the effect would appear to be the same in reference either to Sturgus the elder or bis sons, that neither had the ostensible means of paying for property of that value. There is no admission by either of the defendants, that the father actually paid the purchase money, or any part of it, nor is there other proof of that fact. Bui it is charged and admitted…
2Cited by3 opinions
- Apperson & Co. v. BurgettSupreme Court of Arkansas · 1878
- Field v. HowellSupreme Court of Georgia · 1849
- Tompkins v. Nichols & JamisonSupreme Court of Alabama · 1875