Loxley v. Douglas
Supreme Court of Alabama
• Appeal from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. Jas. Douglas, Sr., and his wife sold their homestead to Jno. E. Loxley and received- in part the payment of the purchase money; but the deed of conveyance was defective because a separate acknowledgment of the wife was not taken. This suit Avas brought by Douglas to vacate the deed.
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• Appeal from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. Jas. Douglas, Sr., and his wife sold their homestead to Jno. E. Loxley and received- in part the payment of the purchase money; but the deed of conveyance was defective because a separate acknowledgment of the wife was not taken. This suit Avas brought by Douglas to vacate the deed. He did not offer in his bill to refund the purchase money which had been paid to him; but made a claim that since the sale of the land the vendee had cut from it a large quantity of valuable timber and offered to set off the value…
1Opinion of the CourtSharpe, J.
— Upon the principle that one seeking equity must do equity it has been held that one coming into equity to avoid and have cancelled a deed upon the ground of its imperfect execution as a conveyance of the homestead will as a condition to equitable interference, be required to refund whatever of value.he'has received as a consideration for the deed.—Grider v. Amer. F. L. & T. Co., 99 Ala. 281; Pounds v. Clarke, 14 So. Rep. (Miss.) 22, s. c. 70 Miss. 263.
This requirement is upon the consideration that to allow one to retain the benefits of an agreement which he repudiates yvhen by doing so he…
2Cases cited2 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Pounds v. Clarke, Hood & Co.Mississippi Supreme Court · 1892
3Cited by8 opinions
- Mathews v. J. F. Carroll Merc. Co.Supreme Court of Alabama · 1915
- Strickland v. StricklandSupreme Court of Alabama · 1921
- Leonard v. WhitmanSupreme Court of Alabama · 1947
- Murphy v. CarriganSupreme Court of Alabama · 1959
- Newton v. RoeSupreme Court of Alabama · 1973
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