Black v. Stone & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. The bill in this ease was filed by the appellants, and sought to enjoin two judgments at law which had been obtained against them by the defendants.
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Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. James B. Clark. The bill in this ease was filed by the appellants, and sought to enjoin two judgments at law which had been obtained against them by the defendants. The facts on which the complainants asked relief, as stated in their bill, were these: In June and August, 1847, the complainants purchased from one Parish, who was the agent of the defendants, the exclusive right to make, use and sell, within the limits of Tallapoosa county, and throughout the region of country covered by the waters of Buck creek, “ the premium…
1Opinion of the Court
WALKER, J.—
The failure to record in the patent-office the assignment to the complainants’ vendors did not affect its validity as between the parties and strangers, and such recording was only necessary by way of notice to purchasers from the assignor.—Case v. Redfield & Puett, 4 McLean, 526; Brooks v. Bryan, 2 Story, 525 ; Boyd v. McAlpin, 3 McLean, 427.
[2.] When the bill says that a blank piece of paper, instead of an assignment, was given by fraud or mistake, we must adopt the alternative less favorable to the pleaders. We therefore regard the bill as averring, that the blank piece of paper…
2Cases cited7 opinions
- Long v. BrownSupreme Court of Alabama · 1843
- Beck v. SimmonsSupreme Court of Alabama · 1844
- Evans v. BollingSupreme Court of Alabama · 1843
- Brooks v. ByamU.S. Circuit Court for the District of Massachusetts · 1843
- Pierce v. BrassfieldSupreme Court of Alabama · 1846
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3Cited by2 opinions
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