Weatherford v. James
Supreme Court of Alabama
Error to the Chancery Court at Monroeville. This was a bill in Chancery, filed by the defendant in error, against Margaret Tait, Downey and wife, and Newman and wife, for a specific performance of a contract, entered into by Newman with the defendant, by which he agreed to sell the interest of his wife, an Indian woman, in a tract of land which the plaintiffs in error were said to have acquired by the treaty of Fort Jackson, and an act of Congress passed in 1S17. The…
Read the full summary
Error to the Chancery Court at Monroeville. This was a bill in Chancery, filed by the defendant in error, against Margaret Tait, Downey and wife, and Newman and wife, for a specific performance of a contract, entered into by Newman with the defendant, by which he agreed to sell the interest of his wife, an Indian woman, in a tract of land which the plaintiffs in error were said to have acquired by the treaty of Fort Jackson, and an act of Congress passed in 1S17. The contract of Newman, which is set forth at large in the opinion of the Court, was to sell the interest of his wife in the land,…
1Opinion of the CourtOrmond, J.
— This case has been elaborately and ably argued on both sides, upon the construction to be put on the treaty of Fort Jackson, and the act of Congress of 1817, in relation thereto, by virtue of which, the land in this case is supposed to have been acquired.
We are however relieved from the necessity of considering these questions, by the view we take of the bond, executed by the defendant, Alger Newman.
The bond which is the foundation of this proceeding, was executed by Newman, on the eighteenth July, 1832, to the defendant in error, in the penal sum of sixteen hundred dollars. The condition…
2Cases cited1 opinion
- Ray v. LawSupreme Court of the United States · 1805
3Cited by19 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Minge v. GreenSupreme Court of Alabama · 1912
- Cochran v. MillerSupreme Court of Alabama · 1883
- Garner v. PrewittSupreme Court of Alabama · 1858
- Redus v. BurnettTexas Supreme Court · 1883
14 more not listed; retrieve them via the Exa API.