Elliott v. Boaz
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Talladega. Before the Hon. W. W. Mason, Chancellor. This cause was here at a previous term, and the decree which had been rendered was affirmed. 9 Ala.
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Writ of Error to the Court of Chancery sitting in Talladega. Before the Hon. W. W. Mason, Chancellor. This cause was here at a previous term, and the decree which had been rendered was affirmed. 9 Ala. Rep. 772. The bill was filed by the defendants in error, and alledges that Elliott, as the agent of his co-defendant Huey, had sold to the complainant Boaz a certain tract of land, the location and boundaries of which he misrepresented, in consequence of which the latter became the purchaser of lands of inferior quality, and which he did not intend to buy. The co-plaintiff Davis joined with…
1Opinion of the CourtCollier, C. J.
The only question presented for our decision, is, whether Davis is properly chargeable for the use and occupation of the lands in question. It must be observed that he does not appear to have been concerned in the purchase, or that he ever derived any benefit from the' possession. The record exhibits him as a mere accessorial parity, uniting with his co-plaintiff, the vendee, in the notes for the purchase money, and taking a conveyance to himself, doubtless for his own indemnity against the consequences' of the liability he thus incurred. Davis’s contract was to pay the purchase money, and…
2Cited by1 opinion
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