Legal Opinion

Saltmarsh v. Beene

Supreme Court of Alabama

Decided January 15, 1837PublishedCited by 17 opinions

In error to the Circuit Court of Dallas, on a decree of the Chancery side of that Court. In this case Allanson Saltmarsh exhibited a bill in Chancery, against Jesse Beene; which set forth that, on or about the first day of February A. D. eighteen-hundred .and thirty, orator agreed with defendant, in writing, that defendant, for the mutual benefit of the parties, should purchase a certain tract of land, known as the S. E. quarter of section of thirty-five, township sixteen,…

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In error to the Circuit Court of Dallas, on a decree of the Chancery side of that Court. In this case Allanson Saltmarsh exhibited a bill in Chancery, against Jesse Beene; which set forth that, on or about the first day of February A. D. eighteen-hundred .and thirty, orator agreed with defendant, in writing, that defendant, for the mutual benefit of the parties, should purchase a certain tract of land, known as the S. E. quarter of section of thirty-five, township sixteen, range nine ; that, in pursuance of said, agreement, on the said first day of February, aforesaid, at a sale by auction,…

1Opinion of the CourtCollier, J.

— This cause comes up by appeal from the Equity .side of the Circuit Court cf Dallas County.

From the record we learn that the plaintiff here,together with two other individuals, were appointed commissioners, by the judge of tho County Court of that County, to sell at public auction the real estate of Thomas Ewing, deceased. That both the plaintiff and defendant being desirous to purchase, the one the west and the other the east half of a quarter section of land, belonging to the estate, on the day of, and imm'ediately preceding the sale they agreed in writing to purchase the quarter section,…

2Cases cited1 opinion

  1. Brannan v. OliverSupreme Court of Alabama · 1829

3Cited by17 opinions

  1. Evans v. EvansSupreme Court of Alabama · 1917
  2. Johnson v. JohnsonSupreme Court of Alabama · 1843
  3. Adams v. BarrettSupreme Court of Georgia · 1848
  4. Adams v. SayreSupreme Court of Alabama · 1881
  5. Calloway v. GilmerSupreme Court of Alabama · 1860

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