Legal Opinion

Wellborn v. Tiller

Supreme Court of Alabama

Decided June 15, 1846PublishedCited by 5 opinions

Writ of Error to the Court of Chancery for the Eighth District. The case stated by the bill, after divesting it of superfluous matter is this: In April, 1838; one John McMillan, then representing himself as a man of wealth, and able to comply with his contracts, agreed to purchase from Allen B. Tiller, certain tracts of land for the price of $2000 — of this, $500 was to be paid, one half in six months from the time of purchase, and the other half on the 1st January next…

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Writ of Error to the Court of Chancery for the Eighth District. The case stated by the bill, after divesting it of superfluous matter is this: In April, 1838; one John McMillan, then representing himself as a man of wealth, and able to comply with his contracts, agreed to purchase from Allen B. Tiller, certain tracts of land for the price of $2000 — of this, $500 was to be paid, one half in six months from the time of purchase, and the other half on the 1st January next afterwards. The remaining $1500 was to be paid by his conveying good fee simple titles to two lots in the town of Irwiuton.…

1Opinion of the CourtGoldthwaite, J.

1. This bill is certainly exceptionable, as it contains two distinct matters, which have no necessary connection with each other. It is evident that none of the defendants except McMillan, are interested, whether the contract of purchase between him and Tiller stands valid, or is rescinded. So too, the complainants, Gordon & McAl-lister, have no interest in this inquiry. On the other branch of the case, with relation to the note subsequently given to Gor-man, McMillan seems to be entirely disconnected. Under these circumstances, if a demurrer had been interposed on account, of the bill being…

2Cases cited3 opinions

  1. Arnold v. SheppardSupreme Court of Alabama · 1844
  2. Mock v. CundiffSupreme Court of Alabama · 1837
  3. Standifer v. M'WhorterSupreme Court of Alabama · 1828

3Cited by5 opinions

  1. Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
  2. Wade v. PulsiferSupreme Court of Vermont · 1881
  3. Masterson v. PullenSupreme Court of Alabama · 1878
  4. Jones v. BeverlySupreme Court of Alabama · 1871
  5. Isbell v. State ex rel. RayburnSupreme Court of Alabama · 1964

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