Griel v. Randolph
Supreme Court of Alabama
Appeal from Montgomery City Court. Tried before Hon. T. M. Arrington. This action was brought by John Eandolph for the use of Josephine Wilson, Matt P. Crittenden and Lester C. Smith, against Nathan Griel, and sought to recover of the defendant damages for his failure to comply with his bid at a sale of certain lands ordered sold by the probate court of Montgomery county for purposes of a-division among the joint owners. • The evidence showed that on April 24th, 1890,…
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Appeal from Montgomery City Court. Tried before Hon. T. M. Arrington. This action was brought by John Eandolph for the use of Josephine Wilson, Matt P. Crittenden and Lester C. Smith, against Nathan Griel, and sought to recover of the defendant damages for his failure to comply with his bid at a sale of certain lands ordered sold by the probate court of Montgomery county for purposes of a-division among the joint owners. • The evidence showed that on April 24th, 1890, Josephine Wilson and her husband filed a petition in the probate court of Montgomery county praying a sale of certain lands…
1Opinion of the CourtHead, J.
The right of action here sought to be enforced, in the name of the commissioner, for the use of the owners of the land sold, is that which was clearly recognized by this court in Hutton v. Williams, 35 Ala. 503 ; and the measure of recovery claimed and had, is the .same as there held proper. We can add nothing to what was said in that case. It makes no difference that one of the joint owners and parties to the petition for sale, sold his interest pending the petition, to Smith, here alleged as one of the beneficiaries. That sale operated to assign to Smith his vendor’s share of the purchase…
2Cases cited1 opinion
- Hutton v. WilliamsSupreme Court of Alabama · 1860
3Cited by8 opinions
- Stein v. McGrathSupreme Court of Alabama · 1900
- Howison v. OakleySupreme Court of Alabama · 1897
- Gore v. GoreSupreme Court of Alabama · 1948
- Chapman v. YorkSupreme Court of Alabama · 1925
- Adams v. Mathieson Alabama Chemical CorporationSupreme Court of Alabama · 1954
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