Marston v. Rowe
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. 'Cocke. The bill in this case was filed, on the 20th February, 1861, by Charles A. Marston, against Nancy Rowe, and Thomas Gleason; and alleged the following facts: In 1831, Andrew Dexter loaned or advanced one hundred and fifty dollars to Joshua Collins, to enable the latter to enter a quarter-section of land, to which he had pre-emption right under the acts of congress, under an agreement that the land…
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Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. 'Cocke. The bill in this case was filed, on the 20th February, 1861, by Charles A. Marston, against Nancy Rowe, and Thomas Gleason; and alleged the following facts: In 1831, Andrew Dexter loaned or advanced one hundred and fifty dollars to Joshua Collins, to enable the latter to enter a quarter-section of land, to which he had pre-emption right under the acts of congress, under an agreement that the land should be divided equally between them; and Collins executed to him a penal bond, which recited the agreement, and was…
1Opinion of the CourtJudge, J.
If the equity of the bill depended upon the validity of the bond from Joshua Collins, the elder, to Andrew Dexter, and its validity could be assailed after the lapse of more than twenty years from the date of its execution and delivery, there would, perhaps, be no error in the decree of the chancellor. But the equity of the bill, though remotely connected with the bond, is wholly extraneous from the question of its validity.
*725In considering tbe demurrer for the want of equity, all the allegations of the bill are to be taken as true. From them it appears that the possession of the land in…
2Cases cited5 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Burt v. CassetySupreme Court of Alabama · 1848
- Lyon v. HuntSupreme Court of Alabama · 1847
- Hunt v. AcreSupreme Court of Alabama · 1856
- Smith v. PearsonSupreme Court of Alabama · 1854
3Cited by6 opinions
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Echols v. HubbardSupreme Court of Alabama · 1890
- Jackson v. ElliottSupreme Court of Alabama · 1892
- Torrent Fire Engine Co. No. 5 v. City of MobileSupreme Court of Alabama · 1893
- Marston v. RoweSupreme Court of Alabama · 1869
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