Haynie v. Robertson
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Hueiosoo Austill. This was a bill filed by one Chambers, the intestate of the appellant, against the appellee Robertson and others, to redeem a certain store which had formerly belonged to Chambers.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Hueiosoo Austill. This was a bill filed by one Chambers, the intestate of the appellant, against the appellee Robertson and others, to redeem a certain store which had formerly belonged to Chambers. The case, made by the pleadings, is as follows : Chambers, appellant’s intestate, being greatly embarrassed and executions being in force against his property, in April, 1867, accepted a loan, proposed by the defendant Hibbs, on the following terms ; Hibbs agreed to loan him five thousand dollars with which to pay off the execution…
1Opinion of the CourtStone, J.
It is unquestionably the law, that parties may *39make their own contracts, in their own terms, and compel their performance as made, or recover damages for their breach, unless they infringe some rule of law, or of public policy. When contracting, they may mould the terms to suit their own conveniences and tastes. . The law clothes them with power to buy, to sell, to make and receive mortgages, and to make sales, reserving the privilege to repurchase. Courts are guardians of people who are sui juris, not for the purpose of pronouncing their contracts wise or unwise, but for the purpose of…
2Cases cited14 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Ruffier v. WomackTexas Supreme Court · 1867
- West v. HendrixSupreme Court of Alabama · 1856
- Robinson v. Willoughby.Supreme Court of North Carolina · 1871
- McKinstry v. ConlySupreme Court of Alabama · 1847
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Holmberg v. Hardee TrusteesSupreme Court of Florida · 1925
- Mitchell v. MasonSupreme Court of Florida · 1913
- Douglass v. MoodySupreme Court of Alabama · 1885
- Warren v. LiddellSupreme Court of Alabama · 1895
21 more not listed; retrieve them via the Exa API.