Robbins v. Webb
Supreme Court of Alabama
Appeal from Wilcox Chancery Court. Heard before Hon. CHARLES TuuneR. The bill in this cause was filed, October 80th, 1879, by Sarah S. Robbins and others, the appellants, against W. H. Webb, the appellee ; and its material averments may be summarized as follows: In February, 1859, Robert H. Gregg was seized and possessed of a tract of land lying on the Alabama river, in Wilcox county, on which he had a public landing, known as the “Lower Peach Tree Landing,” and ■was engaged…
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Appeal from Wilcox Chancery Court. Heard before Hon. CHARLES TuuneR. The bill in this cause was filed, October 80th, 1879, by Sarah S. Robbins and others, the appellants, against W. H. Webb, the appellee ; and its material averments may be summarized as follows: In February, 1859, Robert H. Gregg was seized and possessed of a tract of land lying on the Alabama river, in Wilcox county, on which he had a public landing, known as the “Lower Peach Tree Landing,” and ■was engaged in the warehouse business, receiving and shipping merchandise and other commodities. About that time one Alexander…
1Opinion of the CourtSomerville, J.
The main question in this case, a solution of which determines the equity of complainants’ bill, is, whether the two written instruments, the deed and the bond, which are made exhibits to the bill, are parts of one and the same contract, and, as such, can legally be construed together.
The one is a deed from Gregg to Smith, dated February 26th, 1859, conveying certain land to the latter in fee simple, without condition or limitation.
The other is a penal bond, dated February 19, 1859, reciting that Alexander McLeod had “bought ” a certain tract of land from said Gregg, which is shown to be a…
2Cases cited4 opinions
- Guerand v. DandeletCourt of Appeals of Maryland · 1870
- Nobles v. BatesNew York Supreme Court · 1827
- Kinney v. EnsmingerSupreme Court of Alabama · 1888
- Doe ex dem. Holman v. CraneSupreme Court of Alabama · 1849
3Cited by16 opinions
- Gilmer v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
- Webb v. RobbinsSupreme Court of Alabama · 1884
- Harris v. TheusSupreme Court of Alabama · 1907
- Smith v. WebbSupreme Court of Alabama · 1912
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
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