Potts v. Coleman
Supreme Court of Alabama
Statutory Beal Action. Appeal from Talladega Circuit Court. Tried before Hon. John Henderson. This was a statutory real action, brought by Summer A. Potts, I. Hudson, E. G. Hudson, and W. E. Hudson, against B. "W. and T. H. Coleman, and E. A. Butt.
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Statutory Beal Action. Appeal from Talladega Circuit Court. Tried before Hon. John Henderson. This was a statutory real action, brought by Summer A. Potts, I. Hudson, E. G. Hudson, and W. E. Hudson, against B. "W. and T. H. Coleman, and E. A. Butt. The suit was commenced on May 1st, 1872. On the trial it appeared, that in 1845 Isaac Hudson was in possession of the land in controversy, exercising acts of ownership and control over it, clearing and cultivating it, and building and occupying houses on it. Edward M. Hudson, who was the only child of Isaac Hudson, went into the possession of the…
1Opinion of the CourtBbickell, C. J.
— 1. The possession of lands under an executory contract of purchase, is not adverse to the vendor, so long as the purchase-money is unpaid, or until by the terms of the agreement, the vendee is entitled to demand of the vendor a conveyance of the legal estate. — Seabury v. Stewart, 22 Ala. 207; McQueen v. Ivey, 56 Ala. 308; Ormond v. Martin, 37 Ala. 598. The vendee, though not strictly a tenant of the vendor, and though the technical relation of landlord and tenant is not created, is estopped from denying the title of the vendor, upon principle and reasoning like that which estops the tenant…
2Cases cited8 opinions
- Kirk v. SmithSupreme Court of the United States · 1829
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Conner v. BanksSupreme Court of Alabama · 1850
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3Cited by31 opinions
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Corry v. Sylvia y CiaSupreme Court of Alabama · 1915
- Meier v. MeierSupreme Court of Missouri · 1891
- McClenahan v. StevensonSupreme Court of Iowa · 1902
- Lay v. FullerSupreme Court of Alabama · 1912
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