Chapman v. Lee
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before tbe Hon. Luther E. Smith. This action was brought by Eeuben Chapman, against the personal representative of Mrs. Susan E. Lee, deceased, to recover the sum of $1,071.40, with interest thereon from the 1st day of January, 1859, the alleged unpaid balance of the purchase-money for a tract of land sold and conveyed by the plaintiff to Mrs. Lee in her life-time; and was commenced on the 9th September, 1865. The case was…
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Appeal from the Circuit Court of Sumter. Tried before tbe Hon. Luther E. Smith. This action was brought by Eeuben Chapman, against the personal representative of Mrs. Susan E. Lee, deceased, to recover the sum of $1,071.40, with interest thereon from the 1st day of January, 1859, the alleged unpaid balance of the purchase-money for a tract of land sold and conveyed by the plaintiff to Mrs. Lee in her life-time; and was commenced on the 9th September, 1865. The case was before this court, on a former appeal, at its January term, 1872, when the judgment of the lower court was reversed, and the…
1Opinion of the Court
MANNING, J. —
The conveyance stipulated for in the contract, and executed afterwards on the same day the contract was made, describes all the parcels of land which the grantor professed or intended then to convey. They were the same as those described in the contract. But neither in it, nor in the deed, was “fraction C of section 23” mentioned as a part of the property sold ; nor is any muniment of title produced to show that it belonged to Chapman. Indeed, it does not appear to be known by the parties to this suit, what person is, by conveyance, paper title, or inheritance, the true owner…
2Cited by6 opinions
- Cudd v. WoodSupreme Court of Alabama · 1921
- Baker v. HowisonSupreme Court of Alabama · 1925
- Taylor v. NewtonSupreme Court of Alabama · 1907
- Messer-Johnson Realty Co. v. Security Savings & Loan Co.Supreme Court of Alabama · 1922
- Hubert v. GradyTexas Supreme Court · 1883
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