Griel v. Lomax
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before tbe Hon. John P. Hubbard. This action was brought by Tennent Lomax, P. O. Massie, and T. S. Sayre, against Jacob Griel, to recover $100, with interest, which plaintiffs had paid to defendant on a purchase of his interest in a lot or parcel of land in the town of Sheffield, and was commenced on the 21st June, 1887. The contract between the parties was reduced to writing, dated at Montgomery, Jan. 6th, 1887, signed by said…
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Appeal from the City Court of Montgomery. Tried before tbe Hon. John P. Hubbard. This action was brought by Tennent Lomax, P. O. Massie, and T. S. Sayre, against Jacob Griel, to recover $100, with interest, which plaintiffs had paid to defendant on a purchase of his interest in a lot or parcel of land in the town of Sheffield, and was commenced on the 21st June, 1887. The contract between the parties was reduced to writing, dated at Montgomery, Jan. 6th, 1887, signed by said Griel only, and in these words: “For and in consideration of $100 to me in hand paid, by Patrick Massie, T. Lomax, and…
1Opinion of the CourtSomeryille, J.
This case was before us on a former appeal, when we fully discussed some of the most important principles involved. — Griel v. Lomax, 86 Ala. 132. We then stated the rule to be, in cases where the vendor of any interest in land had no title, that the purchaser in an executed sale had no remedy, upon such failure of title, unless he had protected himself by taking proper covenants for title, or unless there was fraud, either by misrepresentation or concealment, in the sale.
It is still insisted that Griel had no interest whatever in the land he sold to the plaintiffs, and that there was a total…
2Cases cited7 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Moses v. Katzenberger & SonsSupreme Court of Alabama · 1887
- Johnston v. JonesSupreme Court of Alabama · 1887
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3Cited by25 opinions
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